i 



CONTRACTS, SPECIFICATIONS 

AND 
ENGINEERING RELATIONS 



BY 

DANIEL W. MEAD 

Consulting Engineer 

Professor of Hydraulic and Sanitary Engineering 

University of Wisconsin 

Member American Society of Civil Engineers 
Fellow American Institute of Electrical Engineers 
Member American Institute of Consulting Engineers 
Member American Society of Mechanical Engineers 

WITH CHAPTER ON CONTRACTS 

BY 

FRANK JENKS 
Member of the Wisconsin Bar 



SECOND EDITION 



New York 
McGraw Hill Book Co. 
1920 



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Copyrighted 1916—1920 

BY 

Daniel W. Mead 



Blied printing Company. Madison, Wis. 



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A 



PREFACE TO FIRST EDITION 

In the following pages the author has discussed some of the im- 
portant relations of the engineer and architect in practical life, with 
which it seems essential that the technical man should become familiar 
before entering professional practice. Legal and contractual relations 
are but briefly discussed, as these subjects are fully treated in many val- 
uable works to which it is intended that these notes shall serve simply 
as an introduction. The principles of personal and ethical relations, 
while discussed in somewhat greater detail, are but inadequately treated 
on account of the lack of space. The preparation of specifications is 
discussed in greater detail as less published matter is available on this 
subject. 

The young man who enters any vocation comes in contact with and 
is sometimes employed by men who disregard professional and business 
ethics and do many things which, while perhaps in entire conformity 
with law, are far from the ideals of ethical conduct. If a young man 
has given no thought to moral and ethical principles, he is apt to assume 
that such principles are cant and that unethical methods and actions are 
common to all those in business and professional life and are therefore 
essential to his personal success. He should therefore be advised and 
assured of the facts in the case : that the best and most successful men 
in every business and profession are those men of high ideals whose 
honesty and integrity are unquestioned and whose character and repu- 
tation are regarded as the greatest and most valuable of their posses- 
sions. 

The author has uniformly advocated the "square deal" in the re- 
lations of the engineer and architect with the contractor and with all 
others with whom they may have relations. He believes that honesty, 
integrity, and fairness accord the best possib^.e basis for practical, pro- 
fessional and business life and are not simply principles to be acknowl- 
edged and ignored. He believes that the appreciation of these prin- 
ciples will lead to the highest type of work, the most economical con- 
struction, and the greatest professional satisfaction. 

In the study of specifications, little advance can be made by an at- 
tempt to prepare at once an elaborate specification for a complicated 
engineering structure of which the student knows nothing. In such a 
case, all that can be expected is the copying, with perhaps some small 
changes, of similar specifications prepared for some proposed or com- 
pleted work, and such practice will be of little value. 



iv Preface 

In the teaching or study of any subject, success comes through the 
abihty of the teacher or student to simphfy the subject so that its basic 
principles may be easily comprehended ; the greatest difficulties follow 
an attempt to attack the subject in a too complicated manner. 

The principles and elements of specification writing should be ac- 
quired through the actual preparation of specifications for sim.ple ma- 
terials or elements and for simple processes or structures. All work 
should be simplified as much as possible ; it must be so defined and illus- 
trated that the problems involved will be clearly comprehended ; it must 
be analyzed in detail so that every phase and item shall be seen and 
appreciated. If this can be successfully accomplished with simple ele- 
ments of material or construction, it can then be applied to more com- 
plex subjects, which are sim.ply a combination of such elements. 

In the preparation of specifications there is no more important 
matter than the use of good English. A correct thought improperly 
expressed is often as misleading as though the idea itself were in error. 
A clear description of simiple subjects should therefore be the object of 
prehmmary practice. In m.any cases all the specifications essential are 
mcluded in a letter, and mxany contracts are actually consummated by 
an of¥er transmitted by letter and by a letter of acceptance. 

By practice along the lines indicated, the young engineer will at 
least acquire an intelligent method of procedure, and if the method is 
understood, the professional application may be safely left to "individual 
initiative. 

Tiic analytical system suggested for the preparation of specifica- 
tions has been used by the author for nearly thirty years, and is believed 
to afiford a safe ana logical method for the preparation ot these papers. 

This book vvas lirst issued in the spring of igi6 for the author's 
class and for private circulation. Of those to whom copies were sent, 
constructive criticism was requested. A number of valuable sugges- 
tions were received, and the book has been rearranged, revised and en- 
larged in this first edition. The author is aware that there are still 
numerous changes and additions that can be made to advantage, and 
hopes to make material betterments in future editions. He will be glad 
to receive further constructive criticism and suggestions from engi- 
neers, architects, contractors, teachers or others interested in the sub- 
ject. 

AcknozvJedgmcnts 

The author desires to acknowledge his indebtedness to the techni- 
cal press and to the many valuable technical books and articles that have 
appeared on the various subjects discussed. To these he undoubtedly 



Preface v 

owes many of the ideas expressed in this book. These ideas have how- 
e\rer been substantiated by an active personal contact with professional 
and uusiness life. It has been his aim to credit the source of informa- 
tion whenever such source could be distinguished, for he claims little 
new or original except as to treatment and arrangement. 

The thanks of the author are especially due to Mr. L. R. Balch for 
many suggestions, for aid in the preparation and proof reading of the 
text, and for supervision of its publication. Especial acknowledgment 
for valuab-e advice is also due to Dean F. E. Turneaure and C. V. Sea- 
stone. Numerous others have made valuable suggestions which have 
been utilized so far as practicable; among these should be mentioned 
Messrs. Charles H. Paul, E. K. Shnable, H. S. R. McCurdy, H. L. Gar 
ner, F. W. Scheidenhelm and Professor C. L Corp. 

Madison, Wis., Sept., 1916. D. W. M. 



PREFACE TO SECOND EDITION 

In the first edition of this book. Chapter IX on Contracts was 
purposely greatly abbreviated on account of the many excellent 
works available on this subject, some of which should be in the 
library of every engineer. In its use as a text book, it has been 
found by the writer and other instructors to be inexpedient to refer 
the student to other works except in special cases. It therefore 
seems desirable to expand the subject considerably and to treat 
more in detail the various features of this important subject. The 
chapter on Contracts has therefore been entirely rewritten, enlarged 
and expanded by Mr. Frank Jenks of the Wisconsin Bar. 

In Chapter II, an inventory of personal characteristics, modi- 
fied from an outline prepared by Dean A. A. Potter of Purdue 
University, has been added as a basis for character study. A sec- 
tion on financial success has also been added, showing the improvi- 
dence of the average man, the consequent necessity for the early 
formation of habits of economy, and the fundamental basis of safe 
investments. The important relations of engineering to business 
and finance are also briefly discussed. Numerous other additions 
and corrections have been made throughout the text. 

The very kind reception of the first edition is greatly appre- 
ciated by the Author who hopes that this second edition will be 
found even more useful. 

Madison, Wis., Sept., 1920. D. W. M. 



\ 



CONTENTS 

CHAPTER I 

The Engineer and His Education 

The Function of the Engineer— Engineering Relations— Engineering 
Education — The Technical and Scientific Preparation — Knowledge 
of English — Legal Relation — Ethical and Personal Relation — Liter- 
ature 1 

CHAPTER II 

Success in the Engineering Profession 
Personal Success — Factors of Success must be Recognized — Opinions cl 
the Engineering Profession — Judgment — Self Knowledge and the 
Understanding of Men — Physical Characteristics^ — Natural Apti- 
tude — Mental Characteristics — Ethical and Moral Characteris- 
tics — Social Characteristics — Education ^nd Scholarship — Habits 
and Association — Personality — Personal Appearance — ^Punctual- 
ity — Attention to Business — Concentration — ^Collaboration — Per- 
sonal Bias — Bias of Special Knowledge — Bias of Personal Expe- 
rience — Bias of Local Experience — Bias of Personal Interest — 
Bias of Association — Financial Success — The Accumulation of 
Savings — Principles of Investment — Business, Finance and Engi- 
neering — Professional Improvement — Literature 16 

CHAPTER III 

The Engineer at Work 

'Purposes and Results of Technical Training — The Man and the Job — 
Influence — The First Job — Improving Opportunities — Selecting Em- 
ployment — Salary — Change vs. Continuity of Service — The Relative 
Values of Various Classes of Employment — Private Practice — Duties 
to Subordinates — Duties to Clients — Consultation — Duties to the 
Profession — The Engineer in Business — The Engineer as a Citizen — 
Conduct of Professional Practice — Literature 43 

CHAPTER IV 

Personal and Ethical Relations 
Limitations of Positive Law — Ethics — Formation of Individual Opinions 
— ^Specifications for a Man — Codes of Ethics — The Canons of Ethics 
of the American Institute of Architects — Code of .Professional Ethics 
of the American Institute of Consulting Engineers — Code of Princi- 
ples of Professional Conduct of the American Institute of Electrical 
Engineers — Code of Ethics Suggested for the American Institute of 
Chemical Engineers — Code of Ethics Adopted by the American So- 
ciety of Civil Engineers — Questions in Ethics — Literature 63 



viii Contents 

CHAPTER V 

The Use of English 

The Importance of English— Engineering English — The -Hearer or 
Reader — Knowledge of the Subject — Logical Arrangement — The Out- 
line — Style — The Choice of Words — The Precise Use of Words — 
Punctuation and Arrangement of Words in a Sentence — The Vocab- 
ulary — Literature 81 

CHAPTER VI 

Letters and Reports 

Importance of Properly Written Letters — Business Letters — Suggestions 
Concerning Letters of Application for Employment — Important Sug- 
gestions — Employers viewpoint — Examples of Letters of Applica- 
tion for Positions — Technical Reports — Importance of Good Reports 
— The Purpose of Reports — Preliminary Consideration — Ethical Con- 
sideration — Investigation and Estimates — Element of Successful Re- 
ports — Literature 99 

CHAPTER VII 

Origin, Nature and Development of Lav,^ 

Origin of the Present Civilization — Law an Evolution — Development of 
Human Laws — Municipal Law — Unwritten Law — Development of 
Common Law by Judicial Decisions — Courts of Common Law — Sub- 
divisions of the Common Law — Courts of Equity — Fundamental 
Laws — Development of Special Laws — Outline of Lav/s and Legal 
Relations — General Classification of Lav/ — Definitions of Law — 
Sources of Municipal Lav/ — Definitions Concerning Municipal Law — 
Classification and Relation of Positive Law — Enforcement of Law — 
Literature 112 

CHAPTER VIII 

Some Legal Relations of Technical Men — Legx^l Rights and Responsibilities 

Employment in General — Discharge — Professional Employment — The 
Engineer as an Agent — The Engineer as Arbiter — ^Ownership of 
Plans, Designs and Inventions — The Engineer in Legal Proceedings 
— Necessity of Expert Service — Consultation — Preparation of the 
Case— Examination of Technical Y/itnesses— The Expert Witness- 
Qualifications — Expert Evidence— Desirable Reform of Procedure — 
Appraisal of Public Utilities— Professional Duty— Literature 126 

CHAPTER IX 

Elements of Contracts 

Explanation and Definition of Contracts — Classification of Contracts- 
Essentials of a Modern Contract — Competency of Contracting 



1 



Contents ix 

Parties — Mutual Consent — There must te Lawful and Sufficient 
Valuable Consideration — Subject Matter of Contract must be 
Lawful — Statute of Fraud — Interpretation of Contract — Penal- 
ties and Liquidated Damages — Discharge of Contracts — Literature 145 

CHAiPTER X 

Day Labor a^td Contract Systems of Construction 

Business Methods — Uncertainties in the Cost of Work — Force Account 
Construction — Contracts at a Fixed Price — Excessive Waste in Com- 
petitive Bidding — Contracts for Cost Plus a Percentage — Contracts 
for Cost Plus a Fixed Sum — Contracts for Cost Plus a Variable 
Premium — Literature 167 

CHAPTER XI 

Engineering and Architectural Works Constructed Under Con-tract 

Public and Private Works — Negotiations for Construction Contracts — 
Dishonesty in Competitive Letting — Restricted Lettings — Securing 
Low Bids — Suggestions of American Society of Engineering Con- 
tractors — Further Suggestions — Rights of the Contractor — The Ar- 
bitration of Disputes — Progress of Arbitration — Literature 184 

CHAPTER XII 

Advertising and Letting Conteact 

Purpose of Advertisement — Nature of Advertisement — lAnalysis of Ad- 
vertisement — Formalities — Time allowed — Form of Proposal — In- 
structions to Bidders — Details of Instructions — Receiving and Open- 
ing Bids — Letting the work — Literature 204 

CHAPTER XIII 

Contracts 

Ordinary Business Transactions— Necessity of Written Agreements — A 
Contract made by Letter— Contract Acceptance by Letter— A Formal 
Contract — Written Executory Contracts — Form- General Clauses f-^r 
Agreement 222 

CHAPTER XIV 
General Conditions of the Contract 

Outline— Outline of General Conditions— Definitions— Rights and Re- 
sponsibilities of Owner— .Authority of the Engineer— Prices and Pay- 
ments—Form of Bond— Responsibility of Contractor as Affecting 
Party of the First Part— Conduct of the Work— Police and Sariit-ry 
Regulations — Literature 236 



X Contents 



CHAPTER XV 

Preparation of Specificatioxs 

Importance — Use of English — Clearness — Brevity— Indefinite Specifica- 
tions—Indeterminate Specifications — Ambiguous Specifications— Ar- 
bitrary Specifications — Unfair Specifications — Unnecessary Severity 
—Specifications for Criticism, Literature 278 

CHAPTER XVI 
TECiiNif al Specificatioxs 

Breadth of Knowledge Necessary — Detailed Information Needed — Out- 
line — Use of Published Specifications — Simple Specifications — De- 
tailed Specifications — Modifications of Requirements — Use of Stand- 
ard Materials and Methods — Influence of Specifications on Materials 
and Methods — Responsibility — Definite Requirements — Standard 
Specifications — Literature 294 

CHAFER XVII 

Specifications for Fundamental Material and Supplies 

Fundamental Elements of Specifications — Practical Limitations of Speci- 
fications — "To the Satisfaction of the Engineer" — Specifications by 
Name Only — Unsatisfactory Detailed Specifications — Basis of Cor- 
rect Specifications — Composition or l-roportions and Manipulation 
or Workmanship — Inspection — Tests — Guarantees — Successful Use — 
Comparison with a Standara — Investigation of Materials^Conclu- 
sions of Dr. Dudley — Example of Investigation — Outline of Specifi- 
cations for Aluminum Wire — Specifications for Aluminum Wire — As- 
signment on Fundamental Material and Supplies 305 

CHAPTER XVIII 
Specifications for Fundamental Processes 

Fundamental Processes — Earthwork and Roc'kwork — lAnalytical Division 
of Earth and Rock Work Specifications — General Description — (A) 
Description and (B) i^ocation — (C) Dimensions, (D) Form ana 
(E) Grade — (F) Divisions — Materials — (A) General Character — 
CB) Classification— (C) Qualities of Material— (D) Quantities and 
(E) Measurements and listimates— (F) Shrinkage— (G) Extra Ex- 
cavation — (H) Extra Material and Borrow Pits — Operations (A) to 
(E) Inclusive, Beginning Work, Etc.— (F) Consolidation, Rolling, 
Tamping, Etc.— (G), (H) and (I) Limiting and Protecting Work- 
Obstructions— Improvements Encounterea—(K), (L), (Mj and (N) 
Tamping, Etc.— (G), (H) and (I) Limiting and Protecting Work- 
Pumping Methods, Etc.— (O) Disposal of Material and (P) Over- 
head- (Q), (R), (S) and (T) Completion and Maintenance— Assign- 
ments on Specifications for Earth and Rock Work— Assignments of 
other Fundamental Processes 330 



Contents xi 

CHAPTER XIX 
Specifications for Machinery and Apparatus 

Divisions— General Specifications — Selections — Detailed Specifications- 
Design Specifications — Preparation of Specifications for Machinery — 
General Requirements for S<pecifications for Steam Boilers — General 
Requirements for Specifications for Steam Engines — General Require- 
ments for Specifications for Pumps — General Requirements for Speci- 
fications for Electric Generator or Motor— Assignments for Preparing 
Outline of General Requirements for Machinery and Apparatus — Sub- 
jects for Outlines and Specifications — Preparation of Outline for More 
Complete Specifications — Outline of Specifications for a Steam Boiler 
— Outline Specification for Steam Engines — Outline of Specifications 
for a Power Pump — Outline of Specifications for a Duplex Fteam 
Pump — ^Outline for Specifications for a Pumping Engine — The Speci- 
fications — General Specifications for Machinery — Specifications for 
Furnishing a Boiler — Specifications for Furnishing a Steam En 
gine — Selection of Machinery 357 

CHAPTER XX 

Design and Specifications for Engineering and Architectural Work 

The Investigations — Unsatisfactory Practice — Difficulties — Deep Wells 
— Investigations for Sewers — The Basis of Designs — Design — False 
Economy in Design — Estimates — Specifications — Outline — Assign- 
ments for Preparing Outlines and Specifications for Engineering and 
Architectural Work — Plans for Which Specifications May be Pre- 
pared 388 

APPENDIX A 

Outline of Specifications for the Construction of a Building 

Outline of Specifications for Small Power Station — Outline Specifica- 
tions for Bridge Superstructure — Outline of Specifications for Iron 
Bridges or Structural Work — Outline Specifications for Bridge or 
Roof Truss — Outline of Specifications for Stand Tower and Appur- 
tenances — Outline of Specifications for Laying Cast Iron Water Pipe, 
Including Setting of Special Castings, Hydrants, Valves, Etc. — Out- 
line Specifications for Construction of Sewers 402 

APPENDIX B 
Sample Contract and Specifications for a Complete Structure 416 

APPENDIX C 
Drawings as a Basis for Specification Writing 445 

APPENDIX D 
Bibliography of Specifications 485 



CHAPTER I 
THE ENGINEER AND HIS EDUCATION 



§ I. The Functions of the Engineer. — The functions of an engi- 
neer are those of a designer, a supervisor, a constructor, an operator, 
an investigator and an adviser. It is his duty to formulate an ideal 
and from it to create a reality. He must investigate conditions and 
determine means by which those conditions can be utilized or modified 
to meet certain ends ; he must advise his employer as to the feasibility 
of the project proposed, the cost which will be entailed and the results 
which will be accomplished ; he must develop ideas and elaborate 
plans ; he must also consider and prescribe the methods and manner of 
construction ; he must supervise or superintend the execution of the 
work and see that it is properly constructed and that the ideal is real- 
ized ; and often, after completion, he must see that the works which 
have been created from his p'ans and under his supervision properly 
fulfill the functions for which they are designed. 

The field of engineering work includes all of those branches of tech- 
nical service and of business and professional work which have to do 
with the utihzation of natural resources for human benefit. The 
function of engineering service is the adaptation of the laws and re- 
sources of nature to utilitarian purposes. It usually involves the prac- 
tical consideration or the active utilization of natural conditions and 
natural resources through construction. It requires technical training 
either through practical experience and parallel study or through study 
followed by practical experience. Engineering in its broadest extent 
includes the trades, the business and the profession. The skilled ar- 
tisan and mechanic and the skillful draftsman are the fundamental 
practical units of the engineering trade. The manufacturer, the 
builder and the contractor represent engineering business and are the 
active agents in the realization of the ideals in concrete form and fre- 
quently in the development of these ideals. The designer and esti- 
mator, the inspector and superintendent and the assistant engineer are 
the fundamental units of the engineering profession of which the chief 
and the consulting engineers are the culmination. Architecture is the 
application of art to engineering construction, but it is no less a branch 
of engineering. Names and titles are but words and have but little 



2 The Engineer and His Education 

significance aside from the active duties and responsibilities which a 
given vocation, position or business involves. All of the vocations 
mentioned have manifestly innumerable combinations in their actual 
performance and vary greatly in their relations one to another and in 
their relative importance. The young technical graduate may progress 
through various subordinate positions to the higher professional ac- 
tivities as chief on important engineering work, or he may through 
minor industrial vocation attain important positions in the industrial 
world. Every vocation when properly exercised is both honorable 
and of great importance to human welfare. Those vocations which 
involve great responsibility, important fiduciary relations, great skill, 
extended experience, high intellectual development combined with 
ability of intense practical application and executive and business 
ability of a higher order, often receive the greatest rewards both in pub- 
lic respect and in financial returns. The positions of great responsi- 
bility, however, usually involve so great a degree of personal devotion 
and the sacrifice of so many of those personal pleasures of life that 
demand a large amount of time and energy in their enjoyment, that 
there are few who are willing to pay the price of the greatest profes- 
sional success. All engineering success is a consequence of personality, 
native ability, opportunity and application ; normally it may be achieved 
just to the extent that the individual is willing to pay the price of in- 
telligent devot'on to its atainment. 

§ 2. Engineering Relations. — In fulfilling the duties of his voca- 
tion, whether it be in the trades, the business or the profession, the en- 
gineer comes in contact with men in almost every walk in life. The 
young engineer is first brought into contact with his employer and his 
fellows who are similarly employed. With his advancement relations 
will be established with customers and clients, and the work he is 
called upon to perform is likely to entail relations with many others. 
It may require the employment and supervision of ' workmen ; it is 
likely to involve contact with manufacturers and contracto^rs ; it may 
mvolve contact with officials of private or public corporations, clients, 
lawyers, investors, bankers, and a great variety of other persons, hav- 
ing various interests more or less antagonistic. In his relations with 
the different men encountered in the various lines of engineering work, 
conflicts of personal opinions, personal interests and 'personal rights 
will arise which must frequently affect his course of action. A clear 
appreciation of the proper attitude he should assume in these various 
relations, and of his proper personal and professional conduct, is of 
great importance to his growth, development and future usefulness. 



Engineering Relations 3 

The engineer is frequently called upon to assist in the preparation of 
designs and plans for various structures and plants and must possess a 
knowledge of principles of design, strength and adaptability of ma- 
terials and the various demands for strength, capacity and service that 
must be fulfilled. In many cases certain hazards and contingencies 
will be involved in both the construction and utilization of the struc- 
ture or plant. These must be foreseen and considered in his design. 
In most cases the work, structure or plant designed and constructed 
must be used, maintained or operated by men of certain capacities and 
capabilities, depending on its location and the conditions of its installa- 
tion; and the human element must therefore be duly considered 
throughout the engineer's entire work. 

The engineer must frequently take part in the preparation of esti- 
mates, specifications and contracts. Estimating requires a knowledge 
of ways and means, an appreciation of the contingencies which may be 
encountered and a knowledge of costs of labor and material and of 
transportation and construction charges. The preparation of con- 
tracts and specifications requires an extended knowledge and experi- 
ence ; they involve certain legal and certain customary requirements, a 
knowledge of how work can and should be performed, and a sense of 
fairness and equity. Proper care in the performance of these duties 
will largely obviate the chances for misunderstandings and disputes, 
will reduce future complications and render his further duties less dif- 
ficult and more satisfactory. 

After the design is completed, and the plans, estimates, specifica- 
tions and contract papers are prepared, arrangements for the perform- 
ance of the work of construction must be made. This usually includes 
the preparation of advertisement, instructions to bidders, and forms of 
proposal. The work must be let, and if it be public work the adver- 
tisement must be placed and the letting be conducted in conformity 
with the laws and ordinances which prescribe the methods which must 
be followed in order to secure a valid and binding contract. 

With the consummation of the contract, the engineer's work is only 
fairly begun ; he must inspect, supervise or superintend the work ; he 
must see that its reasonable requirements are carried out. In the 
supervision of work, the engineer becomes an arbiter with greater or 
less power in deciding upon the meaning of the plans and in interpret- 
ing the specifications. He must see that justice is done to both parties 
to the contract. He must be fair and impartial, and this in the face of 
the fact that he is to an extent an interested party. He is employed by 



4 The Engineer and His Education 

his client to supervise the work and to see that it is properly done, and 
is normally biased by his employment. There may also be errors, 
omissions or uncertainties in the plans and specifications due to his 
own faults or neglect and his decision may involve either an admission 
that his plans and specifications are not wholly adequate for their pur- 
pose, or the infliction of unjustified hardships and expense on the con- 
tractor. In all such cases every engineer owes it to himself and to his 
profession to see that all work of which he has charge is performed in 
a spirit of fairness, with malice toward none and justice toward all. 

The engineer may represent the other side of the contract, that is 
the contractor. He may be the contractor, be employed to assist the 
contractor, or to take charge of the construction. Here he must pos- 
sess not only technical knowledge of design but practical knowledge of 
construction and construction methods. His knowledge must extend 
to the principles of business and business methods ; he should possess a 
knowledge of men and of the methods of handling labor ; and he should 
possess a knowledge of business and engineering law. He must have 
a good understanding of the rights and privileges of both parties to a 
contract, of .labor and of the public. In this work as in all other lines, 
conscientious and intelligent service will bring the greatest ultimate 
reward. The great railway and public service companies and most 
private individuals and corporations place their contracts for construc- 
tion with men and firms known to be honest and dependable, and the 
immediate rewards for dishonest work are entirely inadequate to com- 
pensate for the tremendous discount which such work is likely to in- 
volve on all future prospects. 

The young engineer may enter commercial life ; he may represent 
the manufacturer in the sale or installation of machinery, materials or 
supplies. In such a position he must perform his services under a 
great variety of conditions and deal with many and diverse customers. 
It becomes important for him to familiarize himself with the product, 
with all its advantages and disadvantages, under all conditions of use. 
The temptation may come to place the product under conditions 
for which it is not entirely fitted and under circumstances in which it 
will not give satisfaction. If he yields to this temptation he adopts a 
shortsighted and ruinous policy. A satisfied customer is not only a 
permanent customer but the best possible reference. Every customer 
of this kind will improve and enlarge the clientage of his firm and will 
establish a valuable personal acquaintance and reputation which will 
often be a distinct advantage in future sales or in after life when he 
seeVs other employment. 



Engineering Relations 5 

He may be called upon to install machinery and equipment and tc 
see that in their utilization, installation or operation all difficulties are 
overcome and that the plants or materials are correctly used and ful- 
fill their proper functions in a satisfactory manner. He must have 
initiative and ingenuity ; he must be diplomatic and considerate ; he 
must use every proper means to satisfy the individual and the public. 

The engineer may be called before the court to give evidence in 
professional matters, and his experience and professional knowledge be- 
come of great importance. Here he must be self-possessed, clear and 
exact and be able to express himself so that he will convince the judge 
or jury not only of his professional knowledge and experience, but of 
his honesty and integrity as well, and this must frequently be done in 
the face of a cross examination intended to show that he is ignorant, 
incompetent and dishonest. 

In giving expert evidence his attitude and his purpose should be 
marked by honesty, integrity and fairness. He should never lend his 
professional knowledge and reputation to bolster up fraud and deceit. 
If he is tempted to do this in order to assist the ends of his client, he 
should remember that such action on his part will seriously injure his 
reputation and limit his future usefulness. 

In his diversified work the engineer may have to appear before 
councils and legislatures, boards of directors, meetings of stockholders, 
bankers and investors, and explain engineering projects. He must 
show the necessity and justice of required legislation, or the injustice 
and inadequacy of laws existing or proposed. He must show the 
necessity, desirability or advantageous results to be derived from cer- 
tain projects or from certain improvements to works already con- 
structed. He must show the safety of investments and the certainty 
of adequate returns, and requires for this work not only a fund of pro- 
fessional information but the ability to talk or to write clearly and con- 
vincingly in such language that his audiences will understand the mat- 
ter placed before them and appreciate the truth of the proposition pro- 
posed. 

The engineer may be called upon to report on undeveloped proj- 
ects, and his investigations must be so complete, his data so definite, 
his proposed plans so well developed, his estimates so conservative, his 
conclusions so thoroughly founded, and his report so clear and com- 
plete that it will bear the critical examination of experts who will be 
called upon to review the project and pass upon its feasibility. He 
may be called upon to review such reports made by others in similar 



-6 The Bngineet and His Ectucation 

iines, and large financial investments and interests which need careful 
consideration and protection may depend upon his report. 

In reviewing such a project, he must pass not only on its possi- 
bilities as an engineering endeavor but on its probable success as a 
business venture. Here much more than purely engineering princi- 
ples are involved : the legal rights under the state or the national laws 
must be considered ; the probable demand for the services or product 
of the development must be investigated; the hazards and contingen- 
cies involved must be appreciated; the possible methods and expense of 
financing must be known ; and no element that goes to make up a com- 
plete commercial success must be neglected if the engineer is to retain 
his clientage and reputation. In this work he is confronted with rnany 
opinions and influences; the promoter, anxious to finance his project; 
the company, desirous of floating its stocks and bonds ; the ma'^rmfac- 
turer, anxious for financial assistance, each perhaps thoroughly con- 
vinced of the feasibility of his project and yet with insufficient ex- 
perience or breadth of vision to take into account all of the elements 
of the problem. The engineer must remain unprejudiced ; he must 
sift the wheat from the chaff, the fact from the theory, and arrive at 
a conclusion as to whether or not the project is feasible and the in- 
vestment sound. Upon his ability to' arrive at correct conclusions de- 
pends his fitness and usefulness for this important work. 

The engineer is sometimes called into a semi-judicial position as 
appraiser or arbiter. Sometimes property interests involving millions 
are subject to his judicial determination. The calls to such positions 
are based only on a high professional standing and a reputation for 
fairness, honesty and integrity. 

To qualify himself to fulfill these various functions properly 
should be the aim of every young engineer. 

It is evident that the wide range of work above outlined requires 
not only technical knowledge and experience, but the ability for proper 
and clear oral and written expression ; a knowledge of finances, eco- 
nomics, business methods, and of legal relations. 

ENGINEERING EDUCATION 

§ 3. The Technical and Scientific Preparation. — The essential 
aim of technical education is not so much to impart technical knowl- 
edge to the student as to furnish the training which will enable him to 
understand and investigate the conditions which surround a problem, 



Technical Preparation 7 

to determine the fundamental principles on which its successful solu- 
tion depends, to ascertain and analyze the elements which influence or 
modify it, to design the structures and work needed for its successful 
development, and to supervise or superintend the proper construction 
of such structures or works and carry them to successful and economi- 
cal completion. 

The amount of knowledge that can be retained in the mind at any 
one time is limited. The time spent in a university course, as well as 
the mental capacity of the student, are both too limited for the acquisi- 
tion of anything more than the elements of knowledge needed by the 
practicing engineer. Even the practicing engineer can retain only 
those facts and principles that have been especially impressed on his 
mind by constant use. The most important acquirement therefore for 
the student, in or out of college, is not a detailed knowledge of engi- 
neering principles, natural laws, technical methods and detailed facts 
(except where such matters are needed for immediate use) but the 
ability to ascertain and apply the correct principles and data when 
needed for professional purposes. 

The engineer must have a comprehensive understanding of the 
elements that underlie his problem and upon which its proper solution 
depends. He must know what and how to investigate, and how to 
analyze and weigh the influence of every factor involved. He must 
be able to see or to determine the value and effect of each element in 
the problem, and he must know whether the knowledge needed for 
these ends is available, where it is to be found, and how to. acquire it, 
He must understand ways and means as affecting both, construction 
and operation, and, so far as possible, he must have developed his judg- 
ment, sense of justice and equity and his common sense. 

All knowledge is more or less related, and every subject bears 
more or less directly on every other subject. It has been said that if 
any man knows all that can be known of any one subject, he knows all 
that there is to be known of every other subject. Such a comprehen- 
sive knowledge is of course ideal and impossible of realization, but a 
broad foundation of many subjects is necessary to a true appreciation 
of any one. This is especially true of technical knowledge; and for a 
broad knowledge of any specialty it is both desirable and nec:essary that 
the engineer have a general knowledge at least of other specialties. 

The present tendency toward specialization is, when carried fai' in a 
university course, a serious mistake if the desire is to educate engineers 
instead of to train skilled workmen. The ideal university for the edu- 
cation of the engineer is not a trade school. The education should be 



8 The Engineer and His Education 

largely general, and special branches should be so handled as to broaden 
and not narrow the student. They should be considered with relation 
to other special lines. 

There is perhaps no more narrow man than the specialist who 
knows nothing of aught but his specialty ; he is an unsafe guide except 
along his own narrow lines, for when his lines cross or run parallel 
with other subjects, he has no true perspective of relative importance 
or of relative values. Every thoughtful engineer will realize that his 
special knowledge and experience will influence his recommendation. 
Recently a proposition was under consideration that involved the in- 
stallation of two pumping engines of six million gallons capacity in a 
location where it was undesirable to construct a boiler plant and where 
in consequence power had to be transmitted in some form for about a 
quarter of a mile. Various electrical engineers who discussed the 
project, uniformly recommended the use of electrical generation and 
transmission. After due consideration of the proposition, steam trans- 
mission, with steam pipes carefully insulated, was installed. The 
power consumption of this plant at full load was about half of what it 
would have been with an electrical plant, specially designed for the 
service ; and at half and quarter loads, at which points the plant oper- 
ated a considerable portion of the time, the saving was very much 
greater. The tendency of the specialist is always to advise the appli- 
cation of his specialty. 

One of the most important elements in the instruction of the 
young engineer is to lead him to appreciate not only his own specialty 
but to give him a correct appreciation of the specialties of others. The 
engineer who is educated in only one specialty and has not the knowl- 
edge necessary to compare it with others, is poorly prepared for pro- 
fessional life, and his training will seldom give the best results either 
to himself or his clients. 

The courses of study in engineering schools usually cover most 
branches of engineering in a fairly satisfactory manner when the pur- 
poses of the studies are understood and appreciated. The principles 
and methods on which investigation and practice must rest are fairly 
well developed, and the young engineer, when he leaves his technical 
school, is fairly well prepared to undertake the minor calculations, op- 
erations and designs in the practice of his profession. The technical 
graduate must not overestimate his capabilities. His education is not 
finished, it is only just begun. He has prepared a foundation; if it is 
well laid he has already accomplished much. He must now build the 
superstructure. This, to be successful, will require constant and stren- 



Technical Preparation 9 

uous effort. When the young engineer enters practice he still needs to 
acquire experience and to study, observe and investigate subjects con- 
nected with his specialty, all of which is necessary for advanced work 
and which he can obtain to the best advantage concomitant with the 
practice of his profession. For success the engineer must acquire a 
working knowledge of : 

First: The fundamental principles of those sciences on which his 
work depends, and judgment in their application. 

Second: Those methods and calculations which must be applied 
in such practice, and skill and accuracy in their use. 

Third: The language, including the ability to prepare and present 
both clear and concise oral and written explanation of engineering 
problems. 

Fourth: Business and engineering law upon which the success of 
engineering projects depends, and without which few correct reports, 
specifications or contracts can be prepared. 

Fifth: Those essential principles that concern the personal rela- 
tions of the engineer with his fellows, with his employers and clients, 
with his business associates, with labor, and with the public, and also 
those principles ot judgment, equity and ethics upon which the highest 
success of every man depends. 

The engineer must acquire judgment and a knowledge of men as 
an essential part of his education ; these can come only with experi- 
ence and observation. 

The engineer should also acquire a correct perspective of his own 
capabilities and limitations. Self-knowledge is perhaps the most im- 
portant knowledge, for on the one hand it will prevent the individual 
from attempting those things for which he is unfitted and thus elimi- 
nate failures which would result in more or less serious consequences, 
both to himself and to others ; and on the other hand, it will give him 
the necessary confidence to undertake those things for which he is 
properly fitted out and which will make him of the greatest value in 
practical life. 

The tendency of technical education is rather to the detriment 
of judgment. If text books and instructors are considered infallible, 
if lectures are to be taken without question, the development of 
judgment is certainly not stimulated. An earnest effort should be 
made by the young engineer to understand the limits of theory and 
the point where judgment and speculation begin. The use and 
abuse of formulas should be appreciated, and their limitations re^ 



10 



The Engineer and His Education 



ized. Every experienced engineer should recognize the convenience of 
formulas and must also understand the danger of carelessness in their 
use, and that the application of all theory to practice must be modified 
by judgment in order to take into account factors often unrecognized 
in theoretical considerations. 

§ 4. A Knowledge of English. — A knowledge of English, and the 
ability to express his meaning in c^ear, concise and convincing language, 
both oral and written, are assets of great value to the engineer. 

The ability to prepare and present in oral or written words, the 
rationale of the problem to be solved is often as important as the abil- 
ity to recognize and solve the problem. An intelligent discussion of 
the conditions that obtain, a proper presentation of the principles in- 
volved and a clear elucidation of the proper methods for its solution, 
so that each of these matters will be understood by the business or pro- 
fessional man by whom the problem is presented, is a most important 
function of education. The ability to do this can be acquired only by 
practice and by the constant endeavor of the engineer in the prepara- 
tion of his work to place himself in the mental attitude of the one who 
is to hear or read the matter presented. 

At almost every step the engineer is called upon to prepare reports, 
papers or specifications, involving the general or detailed description 
of works built or proposed. The engineer is often required by his 
"clients or superior, to examine projects in order to determine the line 
of action necessary or desirable under the conditions that obtain, and 
perhaps the feasibility, nature, extent, character and cost of the con- 
struction or works which should be i'nstalled to accomplish the purpose 
desired. In such cases he must be able to describe in clear language 
the conditions which he finds and the factors which will affect the pro- 
posed project, and to give in a logical manner the reasons for his rec- 
ommendations concerning the character, extent and cost of the work. 

When labor, material, supplies or works are to be furnished or 
constructed, either as a whole or in part, by others than the owner 
(and there are few constructions where material at least is not to 
be so furnished), the engineer must describe clearly and in detail 
the character and extent of those parts which are to be so furnished. 
Few designs are complete in themselves without such descriptions, 
and frequently the proper preparation of these descriptions or spec- 
ifications is among the most important of the duties of the designer. 
Proper specifications are fully as important as the maps, plans and 
designs, and are no les§ essential for the explanation of the proposed 



Knowledge of English 11 

work. Frequently a design, which may be based on precedent or, 
partially at least, on the published plans of others, is much less difficult 
to prepare than the specifications which must describe in detail the ma- 
terials and character of the construction, and particularly the practic- 
able qualities of material and the methods which must be followed in 
their economic manufacture or construction. Even where work is to 
be done by the direct employment of men by the owner and not und^r 
contract, proper specifications are essential as a basis for correct esti- 
mates of cost and for the proper performance of the work. 

Material, labor, machinery or supplies to be purchased or con- 
tracted for must be ordered and an agreement more or less formal 
for furnishing the same must in every case be entered into. Such 
agreements vary from the simple form of a verbal order and ac- 
ceptance for the smallest supply to the most elaborate contract and 
specifications tor the most complex machmery or plant involving 
thousands of dollars. If such agreements are not properly and 
clearly prepared they may involve needless misunderstandings and 
expensive litigation. Precision and clearness of language become of 
greater importance as the interests involved are larger. In order to 
prepare correct technical -reports or specifications, the engineer must 
possess a knowledge of technical language, and this is acquired only by 
professional study and practical experience in special lines. .4^ 

«-■■■■' "... J ' . , , ■ , . 

The field covered by reports and specifications is broad and touches 

almoist. pvbry limit of human activity, and the ability to properly pre- , , 
pare th^irp is acquired only by long experience, careful study and de- 
tailed knowledge. Certain principles, however, can be readily acquire^ 
and understood, which if followed, will lead the way to success in thisl 
work. 

; § 5. Legal Relations. — it is the duty of every citizen so to inform 
himself in regard to the tundamental and elementary laws under which 
he lives and on which nis legal rights and privileges depend, that he 
shall have a clear conception of his own rights and privileges and those' 
of his neighbors and business associates. 

It is important for the engineer to acquire a knowledge of those 
fundamental principles of law which must clearly govern and control 
his social and business relations and its special professional activities,, 
including the laws of contracts, in which he is often especially inter- 
ested either as a principal or as an arbiter. These principles in their 
general relations can be readily understood but their specific applica- 



12 



The Engineer and His Education 



tion, particularly under many complex limiting conditions, becomes ex- 
ceedingly difficult and calls for the advice of those who have given 
special study to the subject under consideration. 

The engineer should be sufficiently informed concerning those 
legal matters which affect his duties and responsibilities to know when 
all ordinary legal requirements are observed in drawing up such engi- 
neering papers as may be necessary in his work and to see that the ac- 
tions, attitudes and decisions of himself and his subordinates are legal 
and that the legal rights of his clients, business associates and of him- 
self are properly conserved. In all cases of importance, legal advice 
is essential and should be obtained. Few lawyers in ordinary practice, 
however, possess such knowledge of engineering contracts or of the 
conditions of construction as is necessary in order to draw a satisfac- 
tory contract for construction work ; and engineering contracts as well 
as technical specifications, should be prepared by the engineer and sub- 
mitted to the attorney to see that the legal requirements are properly 
covered. 

The engineer, to be successful in professional practice, must 
also be informed on the laws which affect his particular s|>ecialty. 
The municipal engineer and contractor should understand those 
municipal laws which affect municipal works and which both limit 
and control municipal activities. The hydraulic engineer should un- 
derstand the laws of riparian ownership and those governing the 
acquiring of water rights and the construction of water power, irri- 
gation and drainage projects, and the legal requirements of naviga- 
tion, logging, fishways, etc. The mechanical engineer should un- 
derstand something of patent laws and of the various other laws which 
affect his specialty. In each branch of engineering there are certain 
legal relations the knowledge of which is indispensable to successful 
engineering practice. Laws are so manifold that no lawyer in general 
practice can be thoroughly informed on all of their branches, and the 
engineer in practice frequently becomes better informed on those laws 
which affect his own specialty than does the lawyer in general practice. 
In matters of moment, expert legal assistance should be employed, as 
specialists in the law are as essential for a proper knowledge of special 
legal requirements as are specialists for the best practice in engineering. 

§ 6. Ethical and Personal Relations. — A proper appreciation of 
the essential moral and ethical relations of the individual is difficult to 
acquire or to impart, yet there are no subjects so important or so inter- 
esting as those which deal with the realities of life and the proper re- 
lationship of the engineer to his profession, to business, to the pub- 



Legal Relations 13 

lie and to his fellow men. The relations of man to man are but 
poorly governed by the law, and a law-abiding man may be a 
poor citizen and undesirable as a friend or neighbor. The per- 
sonal conduct of man in the manifold and intimate relations of social 
business and professional life must be governed by more generous and 
equitable rules than those provided by the statutes, which can furnish 
only regulations which will perhaps give equitable results in the ma- 
jority of instances but can govern only some of the major points of 
contact. A man may be selfish, unfair, untruthful, narrow, egotistical, 
tricky, and even to a considerable degree dishonest, without fear of the 
law ; but the individual in whom such characteristics predominate is a 
detriment to himself, to his friends, and to society. Every individual 
acquires in his youth, from his parents and intimates, a certain knowl- 
edge of moral and ethical principles which have usually a most impor- 
tant and lasting effect on his view of life. This knowledge is usually 
fundamental and needs elaboration and thoughtful consideration in its 
extension to the greater affairs of life. The well established principles 
of social business and professional ethics sometimes seem disproved by 
the individual experiences of the young engineer who may see apparent 
prosperity follow a disregard of these principles. It would indeed be 
unfortunate if he has not been fully assured that such results are only 
apparent and that the greatest and best success can come only with the 
highest conception of duty. 

Most practicing engineers and business men recognize the fact 
that a true appreciation of ethical relations is fully as important for 
success as technical knowledge or business ability ; that irrespective of 
morals or religion, honesty is in reality the be^.t policy and must be ex- 
ercised in all social, business and professional relations in its broadest 
sense. To do as he would be done by, is the simplest, broadest and the 
most complete ethical standard for the individual. A sincere regard 
for both the legal and the moral rights of others, whether associate, 
employer, client, workman, contractor, competitor or the public, is a 
necessary attribute to the greatest success. All honest and conscien- 
tious effort toward personal advancement is commendable, but the 
rights of others must be consistently observed. The establishment of a 
personal, business or professional reputation for honesty and dependa- 
bility is a greater asset than any immediate profit from unethical ac- 
tions. These conclusions have stood the test of long practical experi- 
ence in business and professional life. 

As responsibilities increase, as fiduciary relations become estab- 
lished, as the work of the engineer attains a higher professional charac- 



14 



The Engineer and His Education 



ter, there becomes involved not only conscientious honest and energetic 
effort toward personal professional advancement, but also obligations 
toward the profession and toward humanity, even at the sacrifice ot 
personal interest. 

The term "professions" includes those callings which involve in 
their practice high ideals, great energy, distinguished ability, correct 
and logical thought by means of which effective results are obtained, 
through efficient application of technical knowledge and proper or- 
ganization. Such callings also involve a high conception of personal 
honor and personal obligation not only toward all with whom the 
practitioner comes in personal contact but toward the profession, 
the state, the nation, and toward humanity. 

The engineer must understand therefore, not only the elements 
necessary for personal success but also those requirements neces- 
sary for the realization of the higher ideals of professional success. 

LITERATURE 



Addresses to Engineering Students. Edited by Waddell & Harrington. 
Published by the authors, Kansas City, Mo. 

* Limitations of Efficiency in Engineering Education, by Professor George 
F. Swain. Eng. Rec, Vol. 62, p. 712. 

* The Profession of Engineer, by Waddell & Harrington. 

* Two Kinds of Education for Engineers, by Dean J. B. Johnson. 

* Engineering Education, by Prof. Frank P. McKibben. 

* Hints to Students on the Education of an Engineer, by Dr. Ira O. Baker. 

* The College Graduate as an Engineer, by Dr. Alex, C. Humphreys. 

* The Study of Engineering, by Prof. William H. Burr. 

* The Making of an Engineer, by M. J. Riggs, C. E. 

* The Twentieth Century Engineer, by Prof. Henry S. Carhart. 

* The Relations of Civil Engineering to other Branches of Science, by 
Dr. J. A. L. Waddell. 

* College Training of Electrical Engineers, by Prof. Arthur C. Scott. 

* The Present Status of the Engineering Profession and How it may be 
Improved, by Dr. J. A. L. Waddell. 

* Criticism of the Engineering Schools, by Prof. Dugald C. Jackson. 

* Last Words to the Civil Engineering Seniors, by Dr. Ira O. Baker. 

* Higher Education for Civil Engineers, by Dr. J. A. L. Waddell. 
Engineering as a Profession, by W. J. Frances, Canadian Engineer, Vol. 

25, p. 685. 

The Civil Engineers, by B. W. Kennedy. Eng. Rec. Vol. 54, p. 582. 



* Addresses to Engineering Students, 
rington, Kansas City, Mo. 



Published by Waddell and Har- 



Literature 15 

Tlie Relation of Electrical Engineer to Other Professions, by Gano Dunn. 
Presidential address, Am. Inst., E. E. 1912. Trans. Am. Inst, E. E. See 
also Eng. News, Vol. 68, p. 476. 

Engineering as a Vocation, by Earnest McCullough, Donnaly & Co., New 
York. 

Engineering as a Career. Edited by F. H. Newell and C. E. Drayer. Van 
Nostrand Co., New York. 

The Status and Professional Relations of the Engineer Discussion before 
the American Institute of Consulting Engineers. Pamphlet. Office of Secre- 
tary, 10 Park Ave., New York. 

Plea for the Broader Education of the Chemical Engineer, by Clifford 
Richardson. Eng. Rec. Vol., 57, p. 18. 

Electrical Engineering Education, by Chas. P. Steinmetz. Electrical Re- 
view, Vol. 52, p. 182. See also Trans. Am. Inst. E. E., June, August and Sep- 
tember, 1902. 

The Engineering Graduate and the World, by Dean Charles H. Benjamin. 
Eng. News, Vol. 67, p. 1084. 

Men Wanted, by Charles Whiting Baker. Eng. News, Vol. 67, p. 1178. 

Engineering Service and the "Practical Man" in Engineering, by Antonio 
Lans. Eng. News, Vol. 62, p. 192. 

The Influence of Pure Science in Engineering, by Sir J. J. Thompson. 
Eng. Rec. Vol. 62, p. 679. 

The Work of the Engineer, by B. W. Kennedy. Eng. News, Vol. 56, 
p. 563. 

Contemporary Technical Education, by John R. Freeman. Jour. Assoc. 
Eng. Soc. October, 1904, p. 507. 

Status of the Civil Engineer's Profession in the United States. Annual 
Address of President of Am. Soc, C. E. 1909. By Onward Bates Trans. Am. 
Soc. C. E., Vol. 64, p. 567. 

See also Eng. Rec. Vol. 60, p. 34. 

Presidential Address of Sir Alex B. W. Kennedy. The engineer, his re- 
lation to science, art, nature, law, commercial, professional and Industrial life. 
Inst, of Civ. Engrs., Nov. 6, 1906. 

Professional Ideals of the 20th Century. Address by Pres. Hadley of Yale. 
Eng. Rec, Apr. 20, 1907. 

Presidential Address to North East Coast Institution of Engrs. and Ship 
ing value of technical institutions. Trans. N. E. Coast Inst.. Engrs. and Ship 
Bldrs., W. H. Dugdale. Summary of Engin«ering from earliest times show- 
Bldrs., Jan. 1907. 

The Training of the Electrical Engineer by Dr. Louis Bell, Discusses 
qualities needed and means of acquiring them, for success in Electrical En- 
gineering. Cassier's Mag., Jan. 1905. 

Proper, Qualifications of Electrical Engineering School Graduates from the 
Manufacturers Standpoint, L. A. Osborne. Discusses qualities lacking in the 
average graduate. Trans. Am. Inst. E. E., July, 1903. 

Engineers Must Learn to Sell Their Ability. Discusses desirability of 
teaching how to write and speak convincingly, and the value of ethics. Edi- 
torial, Eng. Rec. July 15, 1916, p. 85. 



CHAPTER II 
SUCCESS IN THE ENGINEERING PROFESSION 

§ 7; Personal Success. — Success in life, like success in the con- 
struction of an engineering structure, requires a good and a proper 
foundation on which to build. Success is measured by many men in 
many ways. The best success is not measured by great wealth or great 
power nor by the greatest amount of idle pleasure, for the pursuit of 
any of these single purposes does not result in the greatest happiness 
which is perhaps the truest measure of the greatest individual success. 

The greatest success results from a well balanced life and should 
usually include : 

First: Suitable friends and family relations; for the greatest suc- 
cess does not come with solitude. 

Second: Sufficient income for the comfort of the individual, his 
family and dependants, and to permit him to help those philanthropic 
movements in which all should take part. 

Third' A good personal, professional and business reputation hi 
his life work. 

Fourth: The respect of his friends and associates. 

Fifth: Self-respect or the personal approval of his own conscience, 
resulting from the proper observance of personal religious and ethical 
convictions. 

Whatever may be the ideal of the individual, if it be worthy of the 
name of success, its attributes are health, native ability, character, edu- 
cation, experience and opportunity. Each is partially independent and 
partially dependent on individual effort, and each can be improved 
and strengthened by the exercise of care, perseverance and energy. 

Character, while partially hereditary, is more largely due to the 
influence of family and associates, and to education and personal 
cultivation. That the age and thought of the times largely control 
character is undoubtedly true, yet no age or nation has been so de- 
generate that it has not developed some men of high ideals and of 
character creditable in any age. No high professional standing is 
ever attained without properly developed character; it is like the 
internal mechanism of an important machine, unseen but essential 
to the proper and correct exercise of its highest functions, It is the 



Personal Success 17 

main spring of the best success and is susceptible of great modifica- 
tion and improvement by individual effort. 

No great success is possible without health. Ill health draws the 
attention of the mind to the condition of the body at the expense of the 
capacity for concentrated thought, affects the ability for energetic effort 
and weakens the power of resistance and personal capacity. Clean liv- 
ing, healthful exercise and mental relaxation are therefore not only de- 
sirable but essential for both personal, business and professional success. 
A knowledge of personal and public hygiene and sanitary require- 
ments is necessary not only for their influence on personal health 
but also on account of the engineer's control of the health of others 
in his public relations and in his private relations in tht factory and 
in the field. 

The degree of native ability possessed by the individual is un- 
doubtedly a considerable element of success if properly utilized and 
developed. It cannot take the place of hard and conscientious work 
and continuous effort. Most so-called "men of genius" will admit 
that their success is due more to hard work and continuous effort 
than to native ability. Greater success is due to the personal exer- 
cise of will power that concentrates the efforts on the end in view 
and utilizes such ability as is possessed by the individual than to 
the half cultivated spasmodic exercise of so-called genius. The indi- 
vidual who fMDSsesses both great native abilitv and the ability for sus- 
tained concentrated effort has opportunities of high order. In all cases, 
the development of ability is dependent to a ^arge degree on individual 
endeavor. 

Education and experience are to a considerable degree the re- 
sults of opportunity, but they are still more largely acquired through 
individual exertion. The lack of college or university opportunities 
is no bar to the individual who is willing to exert continuous and 
unremitting effort in the acquisition of an education. The schools 
and instructors are an aid, not a necessity : and such aids shouM be 
utilized when available, but they can be d'spensed with when ne- 
cessity demands, if replaced by energetic, vigorous and forceful ap- 
plication. 

Experience is best acquired by personal observation, but the re- 
corded practice of others is a source not to be neglected. 

Opportunity may freely come to some, but it is created by 
tnany. The lower rounds of the professional ladder are congested 
with throngs of young men half educated and half prepared, clamor 



18 Success in Engineering 

ing for opportunity, while the higher positions for which they are un- 
suited are often only poorly filled and waiting for the proper person. 

There are few professional lines in which an able, well edu- 
cated, well informed man of high character will not find opportunity 
waiting and anxious for his coming. Strenuous, unremitting labor 
and continuous, conscientious eflfort are the prices of success. 

§ 8. Factors of Success Must Be Recognized. — The attributes 
described in Section 7 must be both acquired and properly exercised ; 
they must develop in the individual those certain habits of industry and 
traits of character which are demanded of professional and business 
men by their employers, clients and associates and without which the 
individual will be at a great disadvantage in the practical affairs of life. 
The successful solution of any problem depends on both a comprehen- 
sive knowledge and a proper application of all of the factors on which 
the solution depends. In order therefore to succeed in the various 
problems of professional and business life it is no less essential that all 
of the factors of success shall be duly appreciated and given the pro- 
portionate weight which their importance demands. 

Much might be written on any of many factors of success, but only 
a brief discussion on some of the most important seems warranted. 
Common sense and judgment must extend the list and supply further 
details. If a limited discussion is not sufficient to convince a man of 
the essential nature of the characteristics discussed, further elaboration 
"would result only in a waste of both space and time. The man who 
will win success will be able to recognize its essential elements without 
extended discussion. 

§ 9. Opinions of the Engineering Profession. — For some years 
a joint committee on engineering education from the national technical 
societies of the United States has been investigating engineering edu- 
cation, and by an arrangement with the Carnegie Foundation for the 
Advancement of Teaching, a detailed investigation has been undertaken 
to determine the qualifications necessary for success in engineering 
work. In the spring of 1915 letters were sent to the members of all 
of the national technical societies requesting individual opinions on the 
essential characteristics of an engineer. A report* was made in the 
spring of 1916 as a result of this investigation, in which the essential 
factors were summarized into six groups which were numbered in the 
order of their importance as determined by the frequency of their oc- 
currence in about t'.soo replies. On the basis of this preliminary work 

*Report by C. R. Mann. Proc. Am. Soc. C. E. Feb. 1916. 



opinions of the Profession 19 

a new letter was sent out to the members of the society asking for 
further consideration of the six characteristic groups previously out- 
lined. To this letter 5,441 replies were received sufficiently definite for 
classification. From these letters the most probable values of the rela- 
tive importance of these groups of qualities were computed with the 
following results, which seemed to indicate a rather definite ideal of 
the professional engineer as to the characteristics necessary for the 

greatest success :* 

Revised and Original Ratings 

Revised Original 
Character, integrity, responsibility, resourcefulness, in- 
itiative 24.0 41.0 

Judgment, common sense, scientific attitude, perspective 19.5 17.5 

Efficiency, thoroughness, accuracy, industry 16.5 14.5 

Understanding of men, executive ability 15.0 14.0 

75 87 

Knowledge of fundamentals 15.0 7.0 

Technique of practice and of business 10.0 6.0 

25 13 

100 100 

It must not be understood that any single arrangement of these six 
groups actually indicates the views of professional men as to the essen- 
tial characteristics of an engineer for each and every position, for it is 
manifest that each individual should have the essential characteristics 
developed to the greatest advantage for the particular position which 
he occupies. Each man must be capable of a proper performance of 
his duties, and his lack of any essential characteristics is necessarily 
fatal to his success. 

The metals used in engineering construction are in most cases 
alloys and consist of a combination of various elements some of which 
are essential and some of which are considered as impurities. Never- 
theless each element whatever its character and amount has a particu- 
lar influence on the character of the alloy. If any one is missing it 
may change entirely the characteristics of the alloy and make it unfit for 
some particular use. For the greatest usefulness in any particular 
place, each element must be present to the extent needed. In the same 
manner a man may be useless in an engineering position, even though 
his character, judgment, efficiency and understanding of men may be 
highly developed, unless he has a proper knowledge of the fundamen- 
tals of engineering science and the technic of practice ; and yet in all 
professional positions which involve fiduciary relations (and there are 
willing to attempt those undertakings for which he has been amply pre- 

♦What is an Engineer. C, R. Mann. Eng. Rec. Vol. 74, p. 10. 



20 Success in Engineering 

practically no positions which do not) there can be no doubt that char- 
acter, judgment, efficiency and understanding of men are of much 
greater relative importance in the attainment of the greatest profes- 
sional success, if it can be stated that one essential is of greater im- 
portance than another where all are absolutely necessary in some degree. 

§ 10. Judgment. — The few years spent in a technical school can- 
not give a profound knowledge of any of the subjects studied. The 
fundamental principles of those sciences on which practice is based 
must be acquired, but these principles must usually be further investi- 
gated and their relation to practical things more fully determined when 
the engineer comes to apply them to the actual work of design and con- 
struction. Methods of investigation and of calculation must also be 
further considered and judgment and skill in their use acquired when 
their application to concrete problems becomes important. In the class 
room the conditions of the problem are usually distinctly stated. The 
factors that enter into it are definitely assumed. The theory that ap- 
plies to these conditions is before the student. The application of the 
principles and the solution of the problem under such conditions are 
not difficult because the uncertainties are eliminated. In the field the 
circumstances are very different. Here the engineer must determine 
for himself the correctness of the theory which he applies ; he must 
determine the factors which actually enter into the problem and he 
must be certain that there are no other considerations which will affect 
it and render the theory inapplicable or the solution incorrect. Ac- 
curacy, thoroughness and speed become important in the field. On 
these functions depend not only the personal success or failure, which 
is important to the individual, but often the success or failure of the 
engineering work which may involve lasting benefits or loss of both 
life and property. 

The very keystone of successful engineering practice is judgment.' 
The development of judgment requires personal investigation, per- 
sonal consideration and personal conclusions, and should be based on a 
well balanced appreciation of both theory and practice. In the devel- 
opment of judgment the dicta of instructors, the statements of text 
books, and the opinions and conclusions of others must be questioned, 
and can be accepted only when they satisfy the fullest inquiry and 
analysis. In other words, the engineer, in order to develop his judg- 
ment, must learn to think for himself, to form and hold opinions of his 
own, and to base those opinions on a substantial, comprehensive and 
thoughtful consideration of both theoretical principles and practical re- 
sults. 



Self Knowledge . 21 

Judgment may be based on practical experience and is then ap- 
plicable within the limits of that experience. When however judgment 
is based on a correct theory which has been substantiated by a wide 
range of practical experience, it is capable of being applied to a much 
wider field than when based on practice only. It is a^.so apparent that 
judgment must also be based on a correct perspective of the individual's 
personal attributes and aptitudes, for if the individual deceives him- 
self through his own personal traits his judgment will be unsound. 

§ II. Self Knowledge and the Understanding of Men. — Stu- 
dents and others in college or out who have in a large measure pursued 
their studies and investigations more or less independently have small 
opportunity to compare their own ability with that of others who are 
proficient in the same line. No man has a fair opportunity for self- 
knowledge and an understanding of men until he is able to compare 
himself with others in the real problems of business or professional 
work. It is vital that the individual be able properly to estimate his 
own abilities in order that he may miss no opportunity which he is jus- 
tified in undertaking, and in order that he shall also avoid undertaking 
those things for which he is not qualified. There is perhaps no more 
difficult matter than adequate self-judgment. On the one hand a large 
proportion of individuals naturally over-estimate their own abilities, 
while on the other hand a considerable percentage fear to undertake 
new adventures for which they have received reasonably satisfactory 
training. Over confidence and an over estimate of individual ability 
will result in failures which are always embarrassing and sometimes 
seriously limiting to future opportunities. One who has shown false 
judgment in matters of moment commonly loses the confidence of those 
who have hitherto trusted him, and he is seldom entrusted with addi- 
tional problems of a similar nature until he has overcome by long suc- 
cessful service the record of his failures. 

A lack of the appreciation of one's individual capacity will lead to 
the loss of opportunities, which is also serious. People have confidence 
in those who have confidence in themseVes until they learn that the 
confidence is misplaced, and opportunities come to the greatest extent 
to those who believe and know they can accomplish those things which 
they undertake. A man is foolish who undertakes those things for 
which his knowledge and experience have not fitted him, for the chances 
of success under such conditions are too remote and the results of fail- 
ure are too serious. No less foolish is the man who fears to undertake 
things for which his education and experience have given him ample 
preparation and who, on account of the lack of self-confidence, is un- 



22 Success in Engineering 

pared. The successful engineer must rightly weigh and appreciate his 
own limitations and must recognize his personal deficiencies and the 
meagreness of his knowledge ; and he must know that success is de- 
pendent on the proper use of his best ability and upon thorough, hard, 
conscientious and intelligent work. 

As pointed out in Section 2, the engineer, in his various rela- 
tions, will come in contact with many classes of men, with some 
of whom his interests and duties will be in accord and with others 
more or less at variance. For the greatest success he must be able 
to colloborate with the first group and harmonize and adjust his 
relations with the second group. Both objects can often be at- 
tained by a uniform courtesy and well developed sense of honor 
and fair dealing. An understanding of men is, however, highly 
essential for success. Every man has individual characteristics, 
inherited in part but modified and developed by his associates, sur- 
roundings, education, and experience, which give him his personal 
view of life and largely controls his thoughts and actions. 

It is only through contact with others that an understanding 
of men becomes possible. Both self-knowledge and an understand- 
ir-g of men may be facilitated by a consideration of the factors of 
character and personality, by a study of the effect of such factors on 
the individual, and by observation of the influence of surroundings 
and experience on human judgment. The following inventory of 
personal characteristics is modified from an outline prepared by 
A. A. Potter, Dean of Engineering at Purdue University and formerly 
Dean at the Kansas State Agriculture College. The use of this out- 
line, for the analysis of the personal characteristics of associates.- 
friends, and self, will assist materially in acquiring the habit of 
observation, in the formation of correct self-knowledge, and in the 
development of a correct judgment of others. 

I. Physical Characteristics: 

1. Height — Tall, medium, short. 

2. Figure — Fat, portly, medium, slender, slim. 

3. Hair— 

(a) Color — Red, auburn, black, brown, golden, yellow. 

(b) Shade — Dark, medium, light, blond, grey, white. 

4. Eyes — 

(a) Color — Black, grey, blue, brown. 

(b) Shade — Dark, medium, light. 

5. Complexion — 

(a) Color — Very dark, brunette, medium, blond, very light. 

(b) Clarity — Ruddy, rosy, clear, sandy, sallow, palid, muddy. 

(c) Blemishes — Freckles, blotches, scars. 



V 



Self Knowledge 23 

6. Countenance — 

(a) Play of features — Merry, smiling, pleasant, reposed, serious, 

sober, severe, repellant. 

(b) Appearance — Vivacious, animated, bright, intelligent, quiet, 

dull, stupid. 

(c) Expression — Sly, curious, mischievous, sympathetic, weak, 

strong, abstracted, discontented. 
' 7. Figure — Dignified, erect, round shouldered, stooping, slouchy. 

8. Body Control— 

(a) Activity — Restless, reposed, sluggish. 

(b) Posture — Graceful, easy, awkward. 

(c) Dexterity — Expert, skillful, clumsy. 

" (d) Carriage — Elastic, eager, apathetic, loose, swinging, shuffl- 
ing, 
(e) Movement — Very quick, quick, deliberate, slow. 

9. Health — Excellent, good, fair, poor, bad, hypochondriacal. 

10. Voice— 

(a) Intensity — Strong, medium, weak. 

(b) Pitch — High, medium, low. 

(c) Tone — Musical, well modulated, pleasant, monotonous, harsh, 

nasal, drawling, lisping, guttural, falsetto. 

11. Accent — Bostonian, Yankee, Southern, Western, Foreign. 

12. Dress— 

(a) Character — Ostentatious, showy, stylish, tasteful, becoming, 

unobtrusive, ill chosen. 

(b) Appearance — ^Clean, tidy, neat, careless, seedy, torn, soiled. 

13. Toilet — Exquisite, careful, ordinary, careless, unclean. 

II. Natural Aptitude 

1. Ability — Highest, high, good, average, fair, low, lowest. 

2. Common Sense — Excellent, good, medium, poor, bad. 

3. Practicability — Excellent, good, medium, poor, bad. 

4. Initiative — Excellent, good, medium, poor, bad. 

5. Resourcefulness — Excellent, good, medium, poor, bad. 

6. Technical Ability— Excellent, good, medium, poor, bad. 

7. Executive Ability — - 

(a) In Grasp of Large Relations — Excellent, good, medium, poor, 

bad. 

(b) In Co-ordination of Details — Excellent, good, medium, poor, 

bad. 

8. Co-Operative Ability — 

(a) With Superiors — Excellent, good, medium, poor, bad. 

(b) With E.quals — Excellent, good, medium, poor, bad. 

(c) With Subordinates — Excellent, good, medium, poor, bad. 

9. Efficiency — Excellent, good, medium, poor, bad. 

10. Promise of Development — Excellent, good, medium, poor, bad. 

11. Poise — Excellent, good, medium, poor, bad. 

J3. Disposition — Merry, cheerful, good-natured, gloomy, morose, 



24 Success in Engineering 

III. Mental Characteristics: 

1. Thought Processes — 

(a) Performance — Brilliant, rapid, normal, slow, dnll. 

(b) Accuracy — Accurate, clear, confused, obscure, inaccurate. 

(c) Logic — Rigorous, logical, consistent, illogical, incoherent. 

2. Imagination — Excellent, good, medium, poor, bad. 

3. Memory — Excellent, good, medium, poor, bad. 

4. Power of Concentration — Excellent, good, medium, poor, bad. 

5. Judgment — Excellent, good, medium, poor, bad. 

6. Foresight — Excellent, good, medium, poor, bad. 

7. Versatility— Excellent, good, medium, poor, bad. 

8. Accuracy of Observation — Excellent, good, medium, poor, bad. 

9. Sense of Responsibility — Excellent, good, medium, poor, bad. 

10. Leadership — Excellent, good, medium, poor, bad. 

11. Artistic and Esthetic Taste — Excellent, good, medium, poor, bad. 

12. Emotional Strength — Excellent, good, medium, poor, bad. 

13. Emotional Control — Excellent, good, medium, poor, bad. 

14. Outlook — Enthusiastic, optimistic, conservative, cautious, doubt- 

ful, pessismists. 

15. Activity — ^Strenuous, energetic, moderate, indolent, lazy. 

16. Orderliness — ^Systematic, orderly, unsystematic, disorderly hap- 

hazard. 

17. Neatness — Painstaking, tidy, untidy, careless. 

IV. Ethical and Moral Characteristic: 

1. Piety — Fanatical, religious, lukewarm, indifferent, irreligious, 

scoffing. 

2. Belief — Orthodox, liberal, agnostic, skeptic, atheistic. 

3. Opinion — Broad-minded, tolerant, receptive, conservative, intol- 

erant. 

4. Temperament — Ascetic, restrained, temperate, lax, dissipated. 

5. Discretion — Shrewd, cautious, careless, gullible. 

6. Character — Yielding, weak, firm, strong, obstinate. 

7. Veracity — Honest, truthful, sincere, deceitful, lying, dishonest. 

8. Liberality — Generous, liberal, just, selfish, grasping. 

9. Fl*ugality — Miserly, thrifty, provident, shiftless, wasteful. 

10. Prudence — Foolhardy, courageous, cautious, timid, cowardly. 

11. Aspirations — Ambitious, contented, submissive, servile. 

12. Dependability — Conscientious, reliable, honorable, unreliable, 

tricky. 

13. Services — Loyal, obedient, dutiful, disobedient, disloyal, treacher- 

ous. 

V. Social Characteristics : 

1. Bearing — Undiscriminating, democratic, reserved, autocratic, snob- 

bish. 

2. Political — Radical, progressive, conservative, reactionary. 

3. Attitude — Quarrelsome, contentious, bumptious, aggressive, self- 

controlled, self-reliant, concilatory, pacifying, bashful, shrinking. 



Self Knowledge 25 

4. Manner — Trustful, guarded, suspicious, jealous, envious. 

5. Address — Ingratiating, tactful, cautious, direct, abrupt, brusque, 

irritating. 

6. Conduct — Affable, cordial, courteous, formal, stiff, cold, discour- 

eous, insulting. 

7. Demeanor — Deferential, considerate, respectful, inconsiderate, 

negligent. 

8. Co-operation — Docile, co-operative, organizing, directive, self- 

willed, domineering, autocratic. 

9. Insight — Inquisitive, alert, attentive, receptive, indifferent, inat- 

tentive, listless. 

10. Control — Tractable, patient, restrained, impatient, outspoken, 

self-willed. 

11. Stability — Persistent, firm, hesitating, vacillating. 

12. Discourse — Secretive, reticent, reserved, direct, frank, talkative, 

loquacious. 

13. Modesty — Prudish, modest, conventional, unconventional, bold. 

14. Sympathies — Sympathetic, sensitive, kind, just, unkind, harsh, 

cruel. 

15. Promptness — Early, punctual, procrastinating, tardy. 

16. Initiative — Assertive, retiring, animated, quiet, dull. 

17. Popularity — Popular, unpopular (with inferiors). Popular, un- 

I)opular (with superiors), Popular, unpopular (with equals). 

VI. Education and Scholarship: 

1. Scholarship — Excellent, good, medium, poor, bad. 

2. Knowledge — Profound, thorough, retentive, superficial. 

3. Professional Training — 

(a) Theoretical — Excellent, good, medium, poor, bad. 
(lb) Practical — Excellent, good, medium, poor, bad. 

4. Use of English — 

(a) General — Excellent, good, medium, careless, poor, bad. 

(b) Oral Expression — Elegant, refined, correct, slangy, ungram- 

matical. 

(c) Fltiency — Rapid, measured, slow, hesitating. 

(d) Presentation — Persuasive, convincing, mediocre, unconvinc- 

ing, repellent. 

(e) Manner — Earnest, cool, bluffing. 

(f) Style — ^Stilted, pedantic, lacking distinction, careless, coarse, 

vulgar, blustering, halting, affected, gushing. 

(g) Story Telling Ability — Excellent, good, medium, poor, bad. 
(h) Public Speaking Ability — Excellent, good, medium, poor, 

bad. 

( i ) Debating Ability — Excellent, good, medium, poor, bad. 

(j) Written Expression — Accurate, logical, well-considered, in- 
accurate, illogical, reckless. 

(k) Presentation — Epigrammatic, terse, concise, extended, dif- 
fuse, verbose. 

(1) Clarity — Vivid, clear, connected, involved, incoherent, hazy. 



26 Success in Engineering 

(m) Style — Elegant, classic, rhetorical, common-place, inexact, 

loose, 
(n) Spelling — Excellent, good, medium, poor, bad. 
(o) Handwriting — Firm, bold, business-like, elegant, effeminate, 

fine, juvenile, scrawly, illegible, untidy, careless. 

VII. habits and Association: 

1. Hiabits as to — 

(a) Alcoholic liquors, drugs. 

(b) Tobacco. 

(c) Profanity. 

(d) Character of society sought. 

(e) Character of reading matter chosen. 

2. Amusements, Recreation and Habits — 

3. Memibership in Organizations — 

(a) Religious, social, fraternal. 

(b) Literary, scientific. 

(c) Technical, professional. 

§ 12. Personality. — The personality of the individual is of 
great importance and has a marked effect on his advancement. Good 
appearance, good address, proper self-confidence and self-respect, the 
evidences of intelligence and energy, the ability of proper expression, 
a proper consideration of the feelings and rights of others, mark the man 
for higher position and better things. Great ability and high technical 
knowledge and training may hold respect though the personality is un- 
favorable, but such respect is given not because of such personality 
but in spite of it. 

It is unfortunate that many young men who enter technical work 
acquire the idea, that as engineering sometimes involves the utilization 
of great strength and energy in pioneer investigations and construction, 
its practitioners should be not only strong and energetic but also rough 
and rugged, and that personal refinement is a thing rather to be dis- 
couraged than sought. No greater error is possible. 

The rough, strong, energetic character who ignores all personal 
discomforts either of himself or of others and drives construction 
work to successful completion in the face of great difficulties may be 
admired for the results which he achieves in spite of his roughness and 
disregard of dangers and discomforts. Such characters are bred in 
the construction camp in contact with hardship, ignorant labor and 
unfortunate frontier conditions, and they may be an important element 
in such classes of work ; but they are in no way representative of the 
ideals of the engineering profession. 

The social amenities of life, the polish of society, are not signs of 
efficiency but they are important means of lubricating business and pro- 
fessional relations. 



Personality 27 

The field executive who is actually constructing engineering works 
is the ideal of the average young engineer, and is his idea of the per- 
sonification of the engineering profession. He fails to recognize that 
back of this, behind the actual construction work, is the brain that con- 
ceives and the mind that directs. 

Personal Appearance. — Personal appearance is also worthy of con- 
sideration, for impressions are based on the appearance, which is 
strongly indicative of character. Appearance is not simply a matter of 
dress but of personal attitude as well. A man should not be too mod- 
est or diffident, nor loud, overbold and familiar, but he should be 
quiet, confident, frank and businesslike. In dress he should be neat 
but not fastidious. He should endeavor to be inconspicuous, for con- 
spicuous dress usually shows unfortunate idiosyncrasies which need to 
be eliminated. The busy man has little time to give to the question of 
dress, but neatness and modest, quiet apparel, suitable to the work or 
position occupied, are indications of a well and properly balanced 
man. 

Punctuality. — Lack of punctuality is due to heedlessness, careless- 
ness, lack of consideration, or conceit, any one of which is equally ob- 
jectional and the possession of which is a serious detriment to the in- 
dividual's prospects. Punctuality is an essential qualification for suc- 
cess. An employee who is habitually tardy not only robs his employer 
of the time for which he is receiving compensation but frequently 
causes a consequent loss of the time of the employer or others whose 
services are of much greater value. A record for habitual tardiness is 
most unfortunate for it is a serious handicap for both present and 
future employment. 

In professional life, the man who habitually disregards the conven- 
ience of his associates and causes the loss of their time and patience 
by the lack of punctuality in meeting appointments shows the lack of a 
due consideration of the rights of others and will soon find that he is 
eliminated from such conferences whenever possible. He will lose 
much of the consideration and many of the opportunities which are 
essential to the best professional success. 

Attention to Business. — Not only should the employee be punctual 
in his arrival at his place of business but he should also devote his at- 
tention to his legitimate work during the hours set aside for that pur- 
pose. Office hours are comparatively brief, and arrangements for 
evening pleasures, a good story, the morning paper, the passing crowd 
and many other attractions which may catch the attention during busi- 
ness hours should be studiously avoided. They can well wait until the 



28 Success in Engineering 

hours of work are passed, and if given attention during the time for 
business will require not only time which should rightly belong to other 
things, but will weaken the ability to concentrate the attention on the 
matter to which the time of the employee should be devoted. Willing- 
ness and cordial execution of orders and requests tend greatly towards 
promotion. 

Concentration. — The ability to concentrate one's attention on the 
immediate problem for consideration is a primary requisite for success 
and is a matter to which the young engineer should give his immediate 
attention and his best endeavor. This characteristic should be devel- 
oped early in life for it is fundamental to the accomplishment of any 
really valuable results in scholastic or business life. It should be in- 
culcated in the pupils of the common schools, impressed on the students 
of the college and university, and practiced by the individual in every 
phase of his later life. The ability to concentrate results in the 
greatest saving of time in school, in college, in the laboratory, the of- 
fice, the factory and the field. The man who can concentrate his at- 
tention on a problem will accomplish his work accurately and rapidly 
and wV\ therefore be of greatest value to himself and to his employer. 
The ability to drop a problem in order to receive directions, or on ac- 
count of various other interruptions which may occur, and: to at once 
take it up at the point where it is dropped, without loss of time or the 
reconsideration of the phases already examined, will result in the 
maximum conservation of time and the highest efficiency. 

The student often acquires the habit of concentration in solitude, 
and finds in the office, the factory or the field his attention distracted 
from his work by the confusion due to the presence of others and the 
work which is going on parallel with his own. He must train himself 
to ignore all that is around him and to keep his mind and attention 
strictly on his own particular work ; and when he is able to accomplish 
this, he will be surprised at the amount he can accomplish and at the 
rapid flight of time. The individual should ^earn to put his whole mind 
and energy on whatever he is doing to the exclusion of aU else, whether 
he be employed in working, playing or in sleeping. The man who 
cannot do his whole duty during his working hours because of thinking 
of the pleasure which awaits him, who cannot enjoy the present 
pleasures because his mind constantly reverts to his work, or who can- 
not properly sleep because of the business matters which constantly en- 
gross his thoughts, will make little progress in his work and is in dan- 
ger of business failure or mental collapse. 

The day's work should receive undivided attention, but in after 
hours the worries and difficulties of the day should be entirely laid 



Personality 29 

aside and the time given to healthful recreation or to other matters of 
a beneficial nature. A sufficient time must be given to undisturbed 
sleep. 

Relaxation from arduous and continuous eflfort is essential to 
health, but a change in occupation is frequently as advantageous as an 
entire cessation from labor. Many men have found the pursuit of 
some science, collateral to their business, or in which they took a par- 
ticular interest, both stimulating and restful, and such pursuit has 
sometimes elevated its votary to higher things. The man who wastes 
time wastes opportunities. Relaxation should be a means, not an end. 
A young man who was playing billiards with Herbert Spencer, after 
running up a remarkable score asked Mr. Spencer's opinion of his 
play. "Young man," the philosopher replied, "I regard a slight pro- 
ficiency in billiards an accomplishment which every man might well en- 
joy, but such proficiency as you show bespeaks an ill-spent youth." 
There have been men who have seriously impaired their health by too 
constant application and by over work. They are small in number, 
however, and the danger of such excess is not great. There are more 
professional men who rust out than who wear out. 

Collaboration. — The individual should train himself to work in 
harmony with such associates as he may meet in any organization. He 
should eschew petty jealousies, fault finding and gossip. He should 
both avoid giving ofifense by careless words or actions and should en- 
deavor to overlook and ignore thoughtless speech or action on the part 
of others. 

A peevish or irritable disposition, and the habit of using sharp, 
bitter or inconsiderate language, unfits a man for successful association 
with others and deprives him of much of his usefulness, and conse- 
quently of the greatest value to himself. The habit of constantly tak- 
ing or giving offense, for the two traits are usually possessed in com- 
mon, is a serious handicap and will often eliminate the unfortunate 
possessor from important opportunities. Such a habit is so despicable 
that it frequently becomes unbearable and the greatest ability cannot 
compensate for the undesirable quaHty. 

Petty jealousy is equal'ly reprehensible. The man who cannot re- 
joice at the advancement of others but feels personallv as^s^rieved be- 
cause he has not received preferment will usually impede his own pro- 
gress. 

It is frequentlv true that promotion depends both on abilitv and in- 
dividualitv. and failure to secure the promotion which seems honestiv 
due should result in a serious consideration on the part of the indivi- 
dual of his own deficiencies in personal character, personal effort or 



30 Success in Engineering 

personal ability. It should be a spur to greatest effort toward indivi- 
dual improvement for in general it is true that the man best fitted for 
a given position will be selected to fill it, for only in this way can the 
best results be obtained. 

Personal Bias. — That all men are to a greater or less degree 
biased in their judgment of themselves and of others and of all 
problems and conditions with which they come in contact is established 
by common experience. This bias is due to their individuality, their 
association, their local and individual experience, their education and 
special knowledge, and their personal interests. That this bias is pos- 
sessed by others and injuriously affects their judgment is easily recog- 
nized. It is more difficult for the individual to recognize such bias in 
himself. It is however most important for the engineer to recognize 
his own bias and to provide for it by elimination so far as possible, and 
by the same factors of safety which he applies to other uncertainties. 
To acquire this knowledge is perhaps the most difficult in the practical 
education of the engineer. 

Bias of Special Knowledge. — Special knowledge and a special ex- 
perience in a limited field of engineering, unless accompanied by a 
broad consideration and a considerable knowledge of collateral sub- 
jects, are apt to involve a prejudice or bias in favor of the application 
of such special means to the solution of all problems to which such 
means can be applied. The specialist naturally appreciates the full 
value of his specialty and the advantages that accrue from its applica- 
tion. Normally, he is less informed in other special methods of solu- 
tion of his problems, and is apt therefore to give undue weight to the 
advantages which he knows his own specialty to possess. The hy- 
draulic engineer is apt to overrate the advantages of water power and 
to underrate the contingencies of its construction and maintenance. 
The steam engineer is apt to over-estimate the value of the use of steam 
power in the solution of all power problems, and the electrical engi- 
neer, recognizing the advantages of electrical generation and trans- 
mission is apt to consider only electrical methods in power applications. 
In each case the advantages of other methods may be overlooked and 
the problem solved on individual preference and information, and not 
by the method which would prove the most advantageous if all condi- 
tions and methods were fully weighed and considered. 

In the correct solution of any problem, aM of the methods by which 
it can be solved are deserving of the fullest and most careful investiga- 
tion and consideration, for only bv such means can the best solution be 
found ; and the engineer who is desirous of securino: the best and most 
economical solution of the problem entrusted to him must give the 



Bias of Experience 31 

most careful consideration to those methods with which he is least fa- 
mihar, for only by so doing can he hope to accomplish the best results. 

Bias of Personal Experience. — Personal experience should give 
the engineer his most useful and exact knowledge, provided such ex- 
perience is properly considered and digested. The fact that the knowl- 
edge so acquired is the most exact and valuable in his possession is apt 
to give it undue importance in the solution of other problems with 
which he has to deal. A successful engineering achievement, the prod- 
uct of ideas well matured, and of plans carefully prepared and well ex- 
ecuted, which has resulted in the creditable solution of an intricate 
problem, may rightly lead to the future application of similar methods 
and designs to problems of a similar nature. Frequently, however, 
there is a tendency for the successful designer to endeavor to adjust 
the conditions which prevail in a new problem so that they may be 
solved by the methods successfully adopted previously rather than to 
adjust the plans to meet the conditions as they exist. This tendency 
frequently results from a natural indolence to plan and adapt new 
methods to a problem where a successful solution, which has stood the 
test of practice, is immediately available ; and in many cases, the plans 
of a professional man bear evidence in themselves by the possession of 
certain common features of the source of their origin and the disincli- 
nation to consider each problem anew on its individual merits. 

Bias of Local Experience. — The normal conditions which obtain in 
any locality must of necessity modify the successful solution of every 
local engineering problem. A professional man who has successfully 
met the various problems as necessarily modified by local conditions 
within the range of his practice, has therefore to readjust his ideas and 
to modify his plans whenever he is called upon to solve a problem under 
circumstances where the local conditions differ to any considerable ex- 
tent. For example, the flow of streams differs radically not only on 
account of the difference in rainfall on the different drainage areas, but 
even more largely on account of the geological and topographical con- 
ditions ; and the engineer who has given special attention to one stream 
must use especial care when he considers construction which is to be 
carried out on another stream for which the conditions of flow may be 
radically different. 

In the matter of electrical supply for light and power, the demand 
per capita varies greatly in different parts of the same country and in 
cities of various sizes, even closely adjoining. Local factors greatly 
affect the cost at which work can be done. In the larger cities, the ex- 
istence of labor unions, which usually involve higher wages and shorter 
hours, and frequently more inefficient service, together with the extra 



32 Success, in Engineering 

cost involved by street obstructions and other similar factors, ordi- 
narily greatly increase the cost of work over that for which similar 
work could be done in communities where the market for labor is not 
modified by such conditions, where traffic and obstructions are less 
serious, and where many other conditions are favorable to cheaper con- 
struction. It is a common observation that men familiar with only one 
set of these different conditions commonly fail to agree on the cost at 
which work can be done in some third community where neither has 
had actual experience. The city contractor who occasionally bids on 
work in the smaller communities of the country is usually unsuccessful 
as his experience with the high prices of the larger community preju- 
dices his judgment; and the contractor familiar with the work in the 
smaller communities commonly learns by dear experience the extra 
cost involved when he attempts to transfer his operations to the larger 
cities. These difficulties can be overcome by freeing the mind of 
purely local influences and by a detailed determination and considera- 
tion of the new conditions. 

Bias of Personal Interest. — It is important that the engineer 
should free himself as far as possible from the bias of personal inter- 
est which is a constant menace to sound judgment. No matter how 
conscientious a man may be or how much he may endeavor to arrive at 
judgments which are thoroughly sound, he is constantly in danger of 
not attaining the results desired if his personal interests are in any way 
involved. 

The engineer who is out of employment may, on account of his 
necessities, be greatly tempted to accept employment or commissions 
which are entirely beyond his experience or ability. Reports on special 
projects are often unduly optimistic for the reason that the engineer 
making the report is unconsciously influenced by the fact that a favor- 
able report will mean the prosecution of the project and his employ- 
ment in its design and construction. 

An engineer having a patent for some methods or process by which 
a problem has been satisfactorily solved is constantly in danger of ad- 
vocating this method, when it is at all applicable, and this from no dis- 
honest motive but on account of the fact that he has become so im- 
pressed with his favorite plan that he gives it a value to which it is 
seldom entitled. It is essential therefore that the individual endeavor 
to eliminate so far as possible any personal interest which he may have 
in the problem, except the interest of its correct solution. If its solu- 
tion on certain lines involves a profit to himself, such profit can be of 
only the most temporary and unsatisfactory character if it does not also 
involve the greatest possible success. 



Bias of Association 33 

Bias of Association. — Almost every problem is capable of a va- 
riety of solutions although there is only one solution that can be the 
best when all things and matters are considered. Almost every ques- 
tion can be regarded from several points of view, and the correct an- 
swer is not always clear or evident. Association will normally estab- 
lish the point of view from which the individual will consider any 
question which is called to his attention. The most common exercise 
of this tendency is found in the unfair treatment of contractors by en- 
gineers who are employed to plan and supervise the construction of en- 
gineering works. There is a constant tendency to inflict, unjust re- 
quirements, and to require unwarranted expense especially in meeting 
contingencies which have not been anticipated by either party and 
which therefore could not have been included in the contract. The en- 
gineer is too apt to see matters entirely from the view point of his 
client and to fail to exercise that impartial judicial attitude that his 
professional position demands. 

In work of appraisal where a municipal corporation contemplates 
the acquisition of the property of a public utility, the engineer is al- 
most certain to assume the point of view which is most favorable to 
the side which he is called upon to represent. This may not result 
from any desire on his part to be unfair or biased, but is normally 
what is to be expected from the action of the human mind. Those who 
have served as chairman on boards of appraisal to which they have 
been selected by the agreement of both sides, and have consequently 
been unbiased on account of their appointment, have frequently ob- 
served the radical differences of opinion which have obtained among 
their colleagues whom they knew to be men of great ability and of the 
highest integrity. 

Most men who have engaged in this class of work, after the com- 
pletion of the appraisal and after the heat of the argument has faded 
away, recognize the same tendency in some of the ideas and opinions 
which they have previously held and which at the time had their com- 
plete endorsement and were the results of their most profound convic- 
tions. A peculiar result of this normal attitude, which is often appre- 
ciated by men engaged in such work, is that when they are" endeavoring 
to be entirely fair and equitable in their findings and appreciate their 
own inclination to bias in these matters, there is a proneness at times 
to rather overdue the matter and to consent to findings that are more 
or less unfair to those whom they represent. This is usually, however, 
a minor matter and does not vitiate the general proposition that in the 
main the tendency is to favor the client unfairly, but, it emphasizes the 
fact that the fair-minded man is not always able to bring in an equi- 



34 Success in Engineering 

table finding in the face of his association and the personal proclivities 
of those by whom he was selected. 

The same tendencies are more fully emphasized by the expert wit- 
ness. There the personal bias of the witness is often accentuated by 
the endeavor of the other side to confuse or confound the opinions ex- 
pressed. In some cases these idiosyncrasies are so pronounced and 
are carried to such an extent as to give even the appearance of dishon- 
est intentions, to which they are sometimes so closely related as to be 
almost indistinguishable and may grade from mere prejudice to actual 
dishonesty in many lines of engineering work. 

§ 13. Financial Success. — The test of the practical value of edu- 
cation is its successful application to the affairs of life, and the 
education acquired by the large majority of men, measured by its 
effect on their financial success, is of little worth. Few men are 
fitted to shape their own affairs for their own best interests. The 
statistics, compiled by the American Bankers Association, given in 
the accompanying table, show the fate of one hundred young men, 
25 years of age, strong, vigorous, able to w^ork and who should be 
able to save money to provide for their advanced age and the future 
of their families. The number that succeed in so doing is pitiably 
small. 

FATE OF ONE HUNDRED MEN— STRONG AND VIGOROUS AT 

TWENTY-FIVE YEARS OF AGE 

(Compiled by American Bankers' Asso.) 

Age 25 35 45 55 65 75 

Living 100 95 84 80 64 37 

Very Wealthy . . . . 1 1 

Wealthy 10 4 . . 3 2 

Good Circumstances 10 . . 3 

Moderate Means 40 

Self-Supporting — 

Had Saved Nothing. ... 35 65 46 6 
Dependent on Relatives 

or Charity ... 15* 30* 54t 35t 

Dead 5 16 20 36 63 

PERCENTAGE— CONDITION OF THOSE LIVING 

Very Wealthy . . . . 1.5 1.5 

Wealthy 11 4.5 3.5 4.5 5.5 

Good Circumstances .... 11 

Moderate Means 41 

Self- Supporting 

Had Saved Nothing ... 37 77.5 57.5 9.5 

Dependent on Relatives 

or Friends . . 18* 37.5* 84.5t 94.5t 

*Partially or entirely dependent. 

-{•Practically all dependent. Less than six percent of those v/ho die after 
75 leave sufficient means to defray their funeral expenses. 



Financial Success 35 

There are many causes that leave this great majority of men pen- 
niless in their old age. Misfortune, entirely or largely beyond the 
control of the individual, will account for a small percentage of these 
cases. Poor business judgment will account for a few more. In the 
great majority of cases, however, the causes are the entire lack of 
foresight, the lack of appreciation of the necessity of early accumu- 
lation and the increasing difficulties of saving later in life. 

The desires and apparent necessities of today make saving, from 
limited incomes difficult and unpleasant. With advancing age fre 
quently comes the necessity of greater expenditures, not always offset 
by relatively increased income, which renders saving doubly difficult 
if the saving habit has not been cultivated. There are few men who 
cannot, at least by strict economy, set aside something from their 
monthly earnings and such a habit should be acquired early. Such 
savings should be safely invested so as to immediately become active 
m accumulation. In many cases this can best be done by investing 
in life insurance for the regular demand for the annual, semi-annual, 
or quarterly premiums will often assure the setting aside of the neces- 
sary amounts by those who would otherwise expend their entire income 
on their immediate desires and necessities or make unsafe investments 
and ultimately lose their entire savings. Statistics show that while 
only four per cent of the incomes of the people of the United States 
is expended in life insurance premiums yet 87 per cent of all estates 
left in the country consist solely of life insurance. 

The Accmmilation of Savings. — Few realize how rapidly money 
accumulates when put out at interest. The following table gives the 
details of the accumulation of a continuous saving of ten dollars per 
month placed at interest at six per cent. 

DETAILS OF THE ACCUMMULATION OF MONTHLY SAVING OF 
$10 WITH INTEREST AT THE RATE OF 6% PER ANNUM 

Monthly Yearly Interest Interest Capital 

Year Saving Saving on on at end 

Yearly Capital of year 

Saving 

1 $10 $120 $6.60 $127 

2 10 120 6.60 $7.60 261 

3 10 120 6.60 15.60 403 

4 10 120 6.60 24.20 554 

5 10 120 6.60 33.20 714 

6 10 120 6.60 42.80 883 

7 10 120 6.60 53.00 1063 

8 10 120 6.60 63.80 1253 

9 10 120 6.60 75.20 1455 

10 10 120 6.60 87.30 1669 

11 10 120 6.60 100.10 1895 

12 10 120 6.60 113.70 2136 

13 10 120 6.60 128.00 



36 Success in Engineering 

From this table it will be noted that at the end of twelve years 
the sum accumulated will equal $2,136 and that thereafter the annual 
interest on the accumulated principal will be more than the annual 
saving that created it. If this saving is continued it will equal $6,400 
in twenty-four years and $15,000 in thirty-six years. While such an 
accumulation is not wealth, it will assure the individual, who starts 
such an account before twenty-nine years of age and continues such 
a course of saving, a greater independence at sixty-five years of age 
than is ordinarily possessed by 84% of the men alive at that age, and 
may represent the difference betwen comparative comfort and poverty 
and possible distress. 

Principles of Investments. — It is estimated that over $500,000,000 
per year are lost by investors, in the United States, through projects 
that are either purely fraudulent or so speculative as to be little better 
than swindles. Statistics show that 97 per cent of all corporations 
organized fail within three years after their organization. It is 
evident that much of the money saved, often by considerable self- 
denial and self-sacrifice, is lost by injudicious investment. Such in- 
vestments are usually made with the hopes of comparatively large 
returns, which hope is not only unrealized but often the investment 
itself is lost. It follows that a safe investment at low rates of inter- 
est, absolutely assured, will in the majority of cases yield better results 
than can be secured by such investments as are commonly made by men 
imfamiliar with the risks involved. For these reasons the young or 
inexperienced investor would do well to place his earnings in life 
insurance, in the savings bank, or in government or municipal bonds, 
where the interest though low is certain and the principal is safe. 
With some business experience, reasonable safety may be assured and 
better interest obtained by the purchase of high grade bonds, mort- 
gages, and preferred stocks which pay from five to seven per cent. 

While "bonds" are regarded most favorably by the investing 
public, it should be understood that the term means little and that a 
bond may not be as safe or as valuable as a note, a preferred stock, 
or a common stock, the value depending upon the bond provisions, 
on the security behind it, and upon the management of the property. 

Buying securities is much like making any other purchase, the 
best protection to the purchaser is the reputation, character, and expe- 
rience of the investment company from which the purchase is made. 
Except when buying from banks or investment companies of un- 
doubted high standing, the purchaser would do well to consult some 
banker in whom he has confidence or write for information to one 



Principles of Investments 37 

of the standard investment periodicals or to the financial departments 
cf some of the reliable magazines which undertake to furnish financial 
mformation. 

Business enterprises are undertaken for profit, not for charity, 
and investors are asked to purchase securities because the money is 
needed or desired for business or for speculative purposes. 

The reason for the issue and sale of any security, bonds, notes, 
preferred stock or common stock, is to secure money for some busi- 
ness enterprise at the lowest possible rate of interest, when the financial 
conditions of the country and the risks involved are considered. The 
returns offered on any security are as a rule only such as are thought 
to be necessary to secure the funds needed, and the amount of interest 
is in reality fixed by the general demands of the investing public. It 
follozvs as a necessary corollary that the greater the possible returns 
the greater the probable risk. 

The investments on which large returns are promised are usually 
those in which the r^sk is so great that large and experienced investors 
do not care to take the risk, and the securities have to be marketed 
by an appeal to the small and inexperienced investor. As a rule safe 
and sane enterprises do not hawk their stocks about and all stock pro- 
miscuously offered is probably dangerous. 

Opportunities to secure large returns from the organization of 
great business enterprises, the development of natural resources, or of 
really valuable inventions, are seldom offered to small Investors. Such 
enterprises if safe, sure, and conservative, are almost always financed 
by a few large interests that are conversant with their value, and 
the small investor is offered only the securities which will net 
moderate returns more or less commensurate with the apparent 
risks involved or questionable investments the hazards of which 
are so great that they do not appeal to the experienced financiers. 

The value of any security depends primarily : 

1. On the management; that is, the honesty, reliability, and 

experience of the parties in charge of the business admin- 
istration. 

2. On the real value of the property (if any) on which the 

security is based. 
To those unacquainted with business methods, any security 
offered should be regarded as of doubful value : 

1. If if is offered as a special favor. 

2. If it is in the promotion stage. 

3. If it is a mining or oil stock in course of flotation. 



38 Success in Engineering 

4. If it depends upon some new invention. 

5. If it is in a large degree speculative. 

6. If it is slated to be marked up on a certain date. 

7. If it must be bought without sufficient time for investi- 

gation. 

8. If it is declared certain to return undue profits. 

9. If it has only unknown interests connected with it. 

10. If it is based on resources in distant places which cannot 

be readily investigated. 

11. If it is secured by remote unimproved land which is to 

become the site for a great city. 

12. If the strongest inducement is that it is non-assessable. 

13. If it is offered by "enemies of capital." 

14. If it is to finance some wireless telegraph or telephone 

which is to drive existing companies out of business. 

15. If it is based on some new motor — Steam, Gas, Sun, Wave, 

or Tide, which is to replace all other types of power. 

16. If it sells for a few cents per share. 

17. If urged by repeated letter, circulars, etc., that it must be 

brought now or great profits will be lost. 

18. If it is bunched with other offerings at a reduced figure. 

19. If those selling a security fail to give the names of the 

officers and directors of the offering concern. 

20. Unless it is properly secured by property values greater 

than the securities issued, and guaranteed by adequate 
earnings sufficient to pay interest and ultimately amor» 
tise the principal. 

21. If it is based on other than good security, managed by 

reliable interests, and put forth as simply a conservative 
business proposition. 

Business, Finance and Engineering. — At the present time the engi- 
neer is frequently called upon not only to design and construct 
works but also to pass upon all features of works and projects 
including their business and financial relations. In most cases 
the financial and business factors are primarily more important 
than those of design and construction for a project that is not a 
financial success can not be regarded as a success although it may 
be successful from a structural standpoint. The financial problems 
which commonly must be considered by the engineer may be 
classed as: 



i 



.Business, Finance and Engineering 39 

1. Economic Selection or the determination of the most eco- 
nomical design for accomplishing a given purpose. This is the 
question in economics most common in engineering practice. It 
includes the selection of the best type of materials for construction 
to meet certain demands, the best class of machinery to furnish 
certain service, and the best design to fulfill certain requirements. 
It enters into every phase of design. 

2. Economic Management or the determination of the best 
methods of management and operation of factories, utilities, and 
projects and the methods by which a new business can best be 
managed or an old business can be improved, operation costs re- 
duced, and profits increased. 

3. Economic Expediency or the advisability of a project when 
the best design is considered for the purpose it is desired to fulfill. 
This includes such questions as the advisability of the construction 
of a railroad or interurban line between certain places ; of the con- 
struction of hydro electric plants or power stations to serve 
certain districts ; of the development of drainage or irrigation or 
other projects and of the purchase or rehabilitation of properties 
or works already constructed. 

4. Economic Worth or the determination of the physical, struc- 
tural, and commercial worth or value of a plant or project for the 
uses and purposes it is intended to fulfill. This includes the ques- 
tion of valuation and appraisal; the question of the present value 
of public utilities for purchase and rate making; and of private 
enterprises and manufacturing plants for financial investments. 

For the greatest professional success, the engineer must prop- 
erly train himself to solve these problems successfully. The knowl- 
edge, judgment, and experience required for such solutions are 
much more complex, intricate, and extended than are required in 
engineering design or construction. 

§ 14. Professional Improvement. — In order to grow and to de- 
velop, the engineer must acquaint himself with the ideas and activities 
of others who are working in his own field. It is therefore essential 
that the young engineer should mingle with his fellows and compare 
his ideas with those of others in professional lines. He should early 
associate himself with those technical societies before which those prob- 
lems of engineering in which he is particularly or generally interested, 
are discussed and he should at least listen to or read the papers and 
discussions of others both in the society proceedings and the technical 
papers in order that he may gain a proper idea of current engineering 



40 Success in Engineering 

and practice and judge and appreciate the limitations of his own abiUty. 
When he can contribute to the information by paper or discussion it 
will be distinctly to his own advantage to do so for in so doing he will 
strengthen his own knowledge and abilities and subject his work and 
conclusions to the criticism of others and frequently thereby correct his 
misconception. For this purpose the minor state and local engineering 
societies are of great advantage, for before such societies matters of 
local and personal interest can be discussed to advantage. 

A good paper properly prepared which describes the development 
and successful completion of new work and the experiences resulting 
therefrom, or coordinates the experience gathered from extensive ob- 
servation and study, not only improves and intensifies his own concep- 
tion of the problem, but establishes a record of his work, extends his 
acquaintance, and is of such direct professional benefit to the writer as 
the importance of the matter and the general excellence of its treat- 
ment may determine. In the preparation of such papers due acknowl- 
edgment should be made of personal indebtedness to others for data re- 
ceived, information furnished or the use of illustrations and sugges- 
tions in the preparation of papers and technical articles. Piracy of 
ideas or plagiarism should be studiously avoided, and a kindly consid- 
eration of the rights and feelings of others and a proper recognition of 
their aid and courtesy are highly desirable. 

The young engineer should constantly seek information on the 
various phases of engineering work with which he comes in contact, 
for otherwise the opportunity for acquiring special information and 
special experience with its consequent advantages will pass unnoticed. 
Opportunity seldom announces its advent with trumpets, and when so 
announced is mostly likely to prove a pitfall instead. Opportunities to 
acquire specialized information that is greatly needed in the engineer- 
ing and business world lie on every hand and await the mind that can 
appreciate, develop and apply them to practical needs. Those that are 
the most obvious and easily developed commonly offer the greatest com- 
petition and the lesser emoluments. Those that are the most obscure 
and difficult frequently return the greatest rewards for the intelligence 
and devotion which their successful development demands. 

To see the opportunity, to develop it systematicailly, to apply it in- 
telligently, and to apprehend from its conquest a well earned success, 
requires keen foresight, an appreciation of the present and future trend 
of events, and both general and special knowledge and experience. 
There is scarcely a line of professional work in which radical improve- 
ments are not both desirable and possible. New conditions are con- 
stantly developing that old practice is inadequate to satisfy. New lines 



Professional Improvement 41 

and new specialties are in constant demand. The man who can see 
these needs before they are fully recognized and offer an effective 
method for their satisfactory fulfillment, will usually command a suit- 
able reward. The successful solution of a problem or the completion 
of a well considered and commendable design for any engineering work 
should not limit the efforts of the engineer to improve his methods or 
designs when similar problems or similar works are under considera- 
tion. There are scarcely two problems of the same kind that can be 
solved to the greatest advantage in entirely the same manner. Every 
problem is surrounded by its individual conditions that differ to a 
greater or lesser extent and should modify any plan which is devised 
for its solution. There is scarcely a plant installed or a building or 
other structure erected but that the designer, if he gives it careful and 
thorough consideration, may not find methods of betterment if he were 
called again to solve the same problem. This being the case, it is evi- 
dent that each new problem should meet with a more intelligent solu- 
tion ; the new factors that are present should modify the original plans ; 
and the betterments which were possible in the first construction should 
here be adopted to advantage and probably still further elaborated. 
There is nothing stationary in nature, and the individual in his pro- 
fession or business relations is either advancing or deteriorating. As 
long as he can see ways and means by which his work can be improved, 
as long as he finds it necessary and desirable to study and investigate 
and to improve his knowledge, his ideals and their practical expression, 
so long is the engineer growing and improving and his value is increas- 
ing ; but as soon as he is satsified with his work and believes no further 
improvement to be possible, his progress has ceased and, at least in 
comparison with the normal advancement in professional work, he is 
losing ground, and unless he acquires an entirely different attitude, his 
usefulness will soon be a thing of the past. 

LITERATURE 

Personal Power, by Keith J. Thomas. Funk & Wagnalls Co., New York. 

* The Durable Satisfactions of Life, by Charles W. Eliot. 

* The Necessity for Individual Engineering Libraries and for Continuing 
Study after Graduation, by John L. Harrington. 

* The Educational Value of the Technical Press with Special Reference to 
Engineering News, by Harwood Frost. 

* Business Training for the Engineer, by Dr. Alex C. Humphreys. 

* The Practical Engineer, by Onward Bates. 

* Ambition, by "Winder E. Goldsborough. 

* Knowledge and Action, by Walter C. Kerr. 

* The Next Step, by Walter C. Kerr. 



42 Success in Engineering 

* study Men, by John F. Hayford. 

* Success, by Dr. M. E. Cooley. 

* Some of the Essentials of Success, by Dr. Chas. Sumner Howe. 
Getting the Most out of Business. E. St. Elmo Lewis. The Ronald 

Press Co., New York. 

Putnam's Investment Handbook. Albert W. Atwood. G. P. Putnam's 
Sons, New York. 

Bonds and Stocks. The Elements of Successful Investing. Roger W. 
Babson. Babson Institute, Inc., Wellesley Hills, Mass. 

Financial Independence at Fifty. Victor de Villiers. The Magazine of 
Wall Street, New York. 

Gold Bricks of Speculation, by John Hill, Jr. Lincoln Book Concern, 
Chicago. 



* Addresses to Engineering Students. Edited and Published by Wad- 
dell & Harrington, Kansas City, Missouri. 



I 



CHAPTER III. 
THE ENGINEER AT WORK 

§ 15. Purposes and Results of Technical Training. — It is not 
the aim of professional schools to turn out professional men. The 
Hmited time spent in the technical school and the object sought do not 
warrant such a purpose. The object of professional training of tech- 
nical men has already been considered (see Sec. 3) and the necessity 
of developing judgment, accuracy and speed by the practical applica- 
tion of such training to actual work has also been discussed (see Sec. 
9). It is evident to all practicing engineers and architects that the sub- 
jects studied in the schools can become of practical value to the pro- 
fessional man only through their actual application under many condi- 
tions and in many places. Practical knowledge may be developed to a 
considerable extent in a trade school for its field is limited to narrow 
lines, but in a professional school the field is so broad that the oppor- 
tunities for such development are small and real professional knowledge 
must be gained or at least improved largely by practical experience. If 
the student has become thoroughly interested in the profession which 
he has chosen, if he has acquired the ability to apply himself to work 
and study, if he has attained a good conception of the manner in which 
and the source from which professional information can be obtained, 
and has gained at least limited facilities in the use of those elementary 
features of practice on which his early employment will probably de- 
pend he has done all that can reasonably be expected in a graduate of 
a technical school. He has not become a professional man, but he has 
acquired a capacity which when properly exercised will assure him the 
professional standing which his abilities and opportunities afford when 
his experience and practice have made the theoretical knowledge of the 
school the actual individual knowledge of the man. In practical life, 
the facts of importance in a material way are the ends, not the means. 
Except as an aid in estimating possible knowledge and ability, the mat- 
ter of education and experience is of no material importance to the em- 
ployer. The question is : Can the man properly fill the position for 
which he applies or for which he is considered? Both education and 
experience are valueless in practical life unless they can be intelligently 
applied to useful ends. 



44 The Engineer at Work 

There can be no exact measure of the factors that determine indi- 
viduaili usefulness in life. Every position has certain definite require- 
ments and these must be fulfilled. For calculations a man must have 
sufficient mathematical knowledge for his purpose. He who has no 
such knowledge is useless for such work. If the work requires the ex- 
ercise of judgment, mathematical knowledge alone is useless; and if 
fiduciary relations are also involved, character may also become of 
equal or greater importance. The characteristics discussed in Sec. 
9 and their relative percentages of importance, seems fairly to repre- 
sent a somewhat definite ideal of professional men as to the factors es- 
sential to engineering success. The main ends of present day pro- 
fessional education emphasize the last two, although most educators 
recognize the relatively greater importance of the first four which are 
impressed on the technical student only incidentaiUy if at all with the 
various subjects taught. To what extent they can and should be im- 
pressed on the student is an open question. That these factors must 
be developed to the extent necessary in every particular case cannot 
be questioned. 

Few technical graduates are of much immediate value either in the 
office, the factory or the field, and they can make themselves of value 
only by the acquisition of character, judgment, efficiency, executive 
ability and the practical ability to apply their technical: knowledge to the 
extent necessary or their individual needs by actual experience in such 
technical work. 

The young graduate is usually incompetent except in minor posi- 
tions ; he commonly overrates his capacity and seldom recognizes his 
own inexperience and incompetency to fill positions of responsibility 
and trust. His education gives him the opportunity to secure subor- 
dinate employment and to acquire and demonstrate his abillity to fill 
satisfactorily higher positions which may be open to him. Intelligent 
observation, close application and hard study will fit him for higher 
positions and better things. He frequently fails to recognize the 
chances for betterment afforded him by the minor positions which he 
first secures, and his failure to advance is often largely due to his dis- 
satisfaction in his subordinate position and his personal failure to take 
advantage of the immediate opportunities offered to acquire practical 
knowledge and experience and thereby make himself available for ad- 
vancement. 

§ i6. The Man and the Job. — To secure the most economical 
and satisfactory results, both for the job and for the man, it is desir- 
able that the man best fitted for each place should secure the position, 



The Man and the Job 45 

whatever its importance. This would accompHsh the best that the 
proper exercise of the necessary abihty can secure and would permit 
the development of the individual ability to its maximum. 

In practical life such desirable results can only be approximated. 
Positions and men are often widely separated and consequently the 
man and the very best position for which he is suited may seldom come 
in contact. The problem on the one hand is to secure the best available 
man for a given position, and on the other hand for a man to secure a 
position in which his services will be satisfactory and which will give 
him the greatest returns not only in income but in personal satisfac- 
tion. As engineering positions are often widely scattered and often far 
from the centers of technical education, some methods of intercom- 
munication become necessary. A young man through his own connec- 
tions or acquaintances is frequently in touch with possible openings for 
technical work. In prosperous years there are so many applications to 
technical institutions for men to fill subordinate positions that the first 
position is readily secured, and a letter of recommendation when a 
vacancy occurs is often all that is necessary. In dull years the diffi- 
culty of securing an immediate opportunity for technical work is much 
greater for then new men are not in great demand. Civil service ex- 
aminations for national, state and municipal positions are sometimes 
open to the technical graduate. Letters of inquiry to companies and 
individuals in charge of engineering work will occasionally lead to op- 
portunities for employment, but as a general rule an employer desires 
either a personal recommendation from some one with whom he is 
acquainted either personally or by reputation, or a personal interview 
with the man who seeks employment. 

Letters of application or personal interviews, if apparently promis- 
ing, should be followed up within a few weeks, otherwise it will usually 
be assumed that a position has been secured and the application will be 
ignored. 

Letters of recommendation from teachers or former employers 
will often be of advantage, the former for securing opportunities for 
minor positions and the latter for more advanced work. Usually only 
copies of such letters should be sent as in many cases they will not be 
returned. For higher positions, personal references are often of 
greater value than letters of recommendation. The letter of recom- 
mendation is always favorable or it would not be presented. The letter 
written direct is likely to give a more correct and complete statement of 
the character and ability of the applicant. Where teachers or former 
employers are to be used as references, where they have not been 



46 The Engineer at Work 

familiar with the engineer's work for some years, it is desirable to 
communicate with them, giving a resume of the activities on which the 
individual has been employed in the intervening time. 

A reference to a teacher or employer who has heard nothing of 
the applicant for five or ten years is not apt to be satisfactory. It is 
only proper courtesy to secure the personal consent of those to whom 
it is desired to refer, but if acquaintance warrants reference without 
such permission, the fact of such reference should be immediate^.y con- 
veyed to the party to whom reference is rdade. 

The various engineering societies make some attempt to bring into 
communication employees desiring work and employers needing help. 
This useful function of the technical society should be much further 
developed. 

Advertising for a position may prove of value where a man has 
acquired considerable special experience or developed in some special 
line. In such cases an advertisement may attract the attention of those 
who may be in need of the particular service in question. Employment 
agencies also ofifer a means of communication between employees and 
employers. When these are considered, their standing should be in- 
vestigated and they should be used with caution. 

For higher positions, favorable and wide acquaintance, a clean 
record and a good personal and professional reputation based on satis- 
factory service, experience and ability, are the principal factors. These 
must be acquired by suitable effort and the more widely they become 
known the better capital they become for the future. 

§ 17. Influence. — The value of the influence of family, friends 
and acquaintances should not be underestimated, but it is equally im- 
portant that it should not be overrated. Influence frequently brings 
opportunity, but character, energy and ability are essential to success- 
ft^lly improve the opportunities when offered. The position that is not 
only acquired by influence but is retained by pull instead of by push 
is a serious detriment to the individual unfortunate enough to employ 
such means. The retention of a position by influence dwarfs char- 
acter, undermines ability, weakens conscience and destroys initiative 
and personal reputation. 

The cultivation of friends and acquaintances, both social and pro- 
fessional, may result in valuable assistance when needed, if the char- 
acter, ability and experience of the individual warrant its exercise. The 
seeking of friends for a purely utilitarian purpose should not be con- 
sidered, for such aim will surely defeat itself. True friendship must 
be based on reciprocal esteem, respect and personal regard, founded on 
both character and ability. 



The First Job 47 

§ i8. The First Job. — As a first position an "easy job" is dis- 
astrous and leads to habits of indolence and inefficiency. The first 
work should be hard and exacting so that strenuous effort and con- 
centration may become a habit, for such habits develop men. 

A subordinate position with an organization of greater or less 
magnitude, either in the office, the factory or the field, is the first op- 
portunity for active service that usually comes to the young engineer. 
Such a position is seldom important in a relative sense but is most 
important to the individual for it is his first step in practical life, his 
first chance to "make good." How will he meet the demands of the 
situation? His future largely depends on his fitness to fulfill the re- 
quirements of the position. If he is interested in his work, is able, ac- 
curate, conscientious, dependable and loyal, he has begun the establish- 
ment of a reputation which will ultimately lead to success. These quali- 
ties will be recognized and his advancement is certain when opportunities 
occur. Such advancement will follow for it is demanded by the per- 
sonal interest of the employer, as men with marked characteristics such 
as described are not to be lost if their services are needed and can be 
retained on a reasonable basis. If he is interested only in his pay 
check, if he is careless in his work, heedless of instruction, inaccurate, 
inattentive, late in arriving and early in leaving his work, these facts 
will allso be noted, his prospects for advancement will be hopeless and 
he should seek other fields where, if he can eliminate these defects in 
his character, opportunities for betterment may occur. Many young 
men fail to appreciate the vital necessity of properly fulfilling subor- 
dinate functions or the real importance of such functions. 

Each unit is an essential part of the whole. The spire of the 
cathedral is conspicuous and is seen from afar, but every pile in the 
foundation is important, and the spire cannot stand without it. So the 
labor of the artisan, the mechanic and the subordinate is as necessary 
for the success of the structure as is that of the engineer, the architect 
or the builder and yet no individual is absolutely essential. If one falls 
out another will take his place, and the vacancy from the lowest to the 
highest is soon filled. 

Every man should recognize with both pride and humility his own 
importance and his own insignificance. If he does his duty to his best 
ability he is an essential feature in the endeavor of which he is a part. 
If he fails, he causes only a momentary disturbance, and his disap- 
pearance is only of brief interest except to himself and to those who 
are dependent upon him or especially interested in him. 



48 The Engineer at Work 

§ 19. Improving Opportunities. — Many young men after se- 
curing technical work soon become discontented with their prospects 
and feel that they have not obtained the position for which their educa- 
tion has fitted them. They fail to make a proper use of their oppor- 
tunities and soon seek a change in employment with the hope of find- 
ing the position for which they are best fitted. They fail to recognize 
the necessity of so shaping their personal efforts and improving their 
knowledge and training that their abilities will fit the conditions which 
opportunities offer. A desire for personal betterment is entirely com- 
mendable but it should be exercised so as not to embarrass those who 
have already given employment. If employment is accepted it entails a 
conscientious exercise of the ability of the employee, due diligence and 
loyalty, and a change should be made only when it can be made with- 
out undue embarrassment to the organization in which employment has 
already been secured. In most offices a notice of two weeks or more 
is given when an employee is to be laid off, unless he is discharged for 
palpable and reprehensible personal errors of commission or omission. 
The employee should give no less notice of his intention to leave the 
place he has accepted. 

When a man has accepted a position, it is a duty he owes both to 
himself and to his employer to do his best to fill the position in the 
most acceptable manner and to develop all there is in it and in him. 
Even if the line of service be regarded as temporary and he desires to 
finally concentrate his efforts in other lines, the self control and self 
restraint exercised to conquer a difficult or uninteresting subject, the 
abilities applied and the practical knowledge gained by conscientious 
study and effort will strengthen his character, increase his ability, en- 
large his experience and make him a broader, better and more useful 
man in whatever field of endeavor he may ultimately be employed. 

The man who withholds his best efforts with the hope of expend- 
ing them ultimately only in the field of his chosen work, so dwarfs 
himself as to render doubtful any great success in any line. Probably 
not one-half of the men who graduate from technical courses ulti- 
mately enter the exact line of work which they have in mind in their 
college days. Conscientious and continuous effort in every posi- 
tion which they may occupy after leaving college will often develop 
their capabilities and make evident their fitness for other lines which 
in the long run prove more interesting, more remunerative and more 
satisfactory from every point of view. The satisfactory fulfillment of 
the first work begins to give the young man a real knowledge of his 
own needs, his aptitude and defects, His aptitude must be developed. 



I 



Improving Opportunities 49 

his errors eliminated. The establishment of a reputation for good or 
for ill is at once begun. Upon the degree of his success and opportuni- 
ttes at hand will depend his advancement. In general, he should retain 
his position until a promotion is secured or until he has developed him- 
self and this position to their reasonable limits. When there are no op- 
portunities within the organization, he should seek another and better 
position, leaving his work only after due notice. The young are nat- 
urally impatient at delay and expect rapid preferment. They often 
fail to see the opportunities which are the most obvious and make early 
changes in employment, to their ultimate disadvantage. A new posi- 
tion should offer some immediate and important advantage or some 
tangible opportunities, otherwise a change is undesirable, for the or- 
ganization in which a man has served has the best knowledge and will 
undoubtedly advance him when the opportunity offers because such ad- 
vancement is obviously to the logical advantage of all concerned. 

§ 20. Selecting Employment. — While in many cases oppor- 
tunities for employment are so limited that little choice is afforded the 
young engineer in the selection of employment, yet in the long run he 
may exert considerable control over such selection if he makes careful 
preparation for his future work. It is evident in most cases that the 
future rather than the immediate present should be the objective of the 
young engineer. The line he desires to follow should be based so far 
as possible on his personal preference and on his personal fitness, apti- 
tudes and abilities. The greatest success will usually come with that 
line in the pursuit of which he experiences the greatest satisfaction and 
in which he can exercise to the greatest degree his native abilities and 
talents and his acquired knowledge and experience. That man is for- 
tunate who finds his professional or business life laid down on the lines 
he would most gladly follow and who in consequence is most thoroughly 
interested in the work he is called upon to do. It is evident therefore 
that immediate salary is of secondary consideration but that employ- 
ment should be sought in those lines and in those places where both 
opportunities occur and conditions give promise of ultimate preferment 
in the lines of the chosen work. Financial embarassment may oc- 
casionailly make a different course essential, and in such cases the em- 
ployee should endeavor to instill into his work the enthusiasm and in- 
terest required for his success. Continuous effort to this end will nor- 
mally create conditions of satisfaction quite equal to those which would 
result if he were able to pursue the line to which his early inclinations 
led. 

§ 21. Salary. — The amount of salary to be received from a 
given position is naturally a matter of interest and frequently receives 



50 The Engineer at Work 

greater consideration than its importance warrants. To the young 
technical graduate the matters of experience and opportunity are com- 
monly of much greater importance. If a young man is underpaid, he 
is apt to secure opportunities for a more extended experience than 
where his compensation is excessive, as for example in the apprentice's 
position in some of the large manufactories where opportunities are 
given to a technical graduate for a broad acquaintance with the ma- 
chinery designed and constructed through a great variety of work on 
the testing and erecting floors. 

If the salary received is more than should ordinarily be expected 
in a given position, it commonly means either that the work is tem- 
porary or that the man has found a niche into which he fits by unusual 
aptitude and in which he is likely to remain without the opportunity of 
acquiring a broader and more extended experience. If the salary is 
large, the services must be utilized to the greatest advantage in order 
to make them profitable, which commonly means that he will be kept 
on the one particular class of work in which he is especially proficient. 

Almost every position affords opportunities for experience and for 
study. Employment will not be furnished for long unless such em- 
ployment is profitable to those who furnish it. Advancement will not 
come until the individual has shown his dependability and his capacity 
for greater things ; and such capacity must be exhibited before and not 
after the advancement is secured. There are few cases where ability, 
capacity and dependability are not recognized, and advancement comes 
when opportunities offer with few exceptions and as a matter of course 
when these qualities are demonstrated. Few employers will permit em- 
ployees who have demonstrated their fitness for a position, to leave their 
service or advance strangers in preference. The employer for his own 
interests prefers those whose honesty, integrity and ability he knows, and 
he will seldom look elsewhere to fill an important position unless he is 
satisfied that such course is necessary in order to secure the desired re- 
sults. 

§ 22. Change vs. Continuity of Service. — Formerly it was con- 
sidered desirable for the young engineer to remain in one position only 
long enough to thoroughly familiarize himself with the work, and then 
to seek other positions where his practical experience might be consid- 
erably extended. 

At the present time when hundreds of young engineers are gradu- 
ated from our technical schools each season, it would seem undesirable 
for any young man to drop a position which gave fair promise of ulti- 
mate betterment in order to accumulate a variety of experience which 



Continuity of Service 51 

after all may be of little service in his professional career. It would 
seem by far the better way for the man to master thoroughly every 
detail of his business and to retain his position if it gives reasonable 
promise of ultimate betterment rather than to become a wanderer from 
job to job with each position more difficult to secure as his age in- 
creases. 

Each man must however be the architect of his own fate. The 
man who through lack of initiative accepts a permanent subordinate po- 
sition when he might better himself by a proper change, is perhaps 
more or less unfortunate ; but if he accepts his lot with contentment 
and is able to satisfy reasonably well his needs and ideals, he must be 
regarded as reasonably successful ; while the ambitious man who fre- 
quently changes from place to place in the hopes of uUimately finding 
the position which best fits his peculiar tastes, aptitudes and personal 
ambitions, may remain unsatisfied and unsettled through life and in his 
advanced years be forced into unsatisfactory employment because the 
position he desires is filled by a younger man. Constant change in po- 
sition is often evidence of weakness in ability, temperament or charac- 
ter, though it sometimes is the result of lack of opportunity. 

During seasons of hard times or panic, when public work has 
largely ceased and no new investments and establishments are prac- 
ticable in the railroad and public utilities fields or in the mines and fac- 
tories, thousands of engineers lose their positions and find nothing in 
their professional line open for them at any price. They must en- 
deavor to find work in other fields which are perhaps similarly inactive, 
or await the resumption of business in better times. During such times, 
the advantage of having secured a position in a permanent organiza- 
tion, and having made the value of the services almost indispensable, 
is evident. 

§ 23. The Relative Values o£ Various Classes of Employment. 

The relative values to the technical man of various classes of profes- 
sional employment must depend largely on the personal inclination and 
point of view. Architecture and many special forms of technical work 
are definite and after selection require no further comment. The en- 
gineering student who has not specialized may perhaps be benefited by 
a brief discussion of various lines of work in which opportunities for 
employment may occur. 

When the education of the student is general, the opportunities for 
employment are co-extensive with the whole engineering field. Out- 
side of the field which permits the application of personal aptitude, it 
makes little difference in what line of employment he begins, as all work 



52 The Engineer at Work 

furnishes desirable experience. At the end of a series of years he has 
acquired knowledge and skill in certain definite work, and his chances 
for the profitable sale of his services are limited to a much narrower 
field. 

IMany engineering students have the wrong point of view in re- 
gard to the best opportunities for ultimate professional advancement. 
It has already been noted (see Sec. 12) that the field engineer is the 
ideal of most engineering students. It is worthy of note that the 
office almost without exception controls the field and that many men 
who have had long experience in the field fail of further advancement 
for the lack of knowledge and experience in office work. Experience 
in field work usually leads to parallel advancement. The time keeper, 
the store keeper, and the inspector become the foreman, the superin- 
tendent and the resident engineer. Good office work leads to advance- 
ment in the office. The able draftsman becomes the designer, the as- 
sistant engineer, and with experience, the chief. Surveying and field 
work in many countries can be done to advantage only at certain periods. 
Drafting usually ofifers more steady employment and has the advantage 
of placing the employee near the responsible head of the organization. 

Dififerent classes of employment offer varying advantages. Con- 
struction work is often temporary unless with a permanent organiza- 
tion. Unfortunately, many engineering positions have no future. The 
work is more or less temporary and in dull times and seasons the em- 
ployment ceases and the employee must look for new fields. In this 
way he may, and frequently does, pass from one job to another, hold- 
ing each position until the work is accomplished, and never becoming 
settled or a permanent part of any engineering organization. 

Engineering employment may often lead to business opportunities. 
The young man with capacity who, after he has acquired the experi- 
ence which can be obtained in engineering positions connected with 
great industries, has the foresight and the energy to drop out of line of 
promotion which may be of only limited opportunities, and to take a 
position through which he will acquire a knowledge of operation, main- 
tenance and general business management, will frequently be rewarded 
by placing himself in line for greater business opportunities than are 
possible if he confines his efforts to the purely engineering phases of 
the work. Public service corporations offer many opportunities for 
ultimate advancement. Employment with such corporations may fre- 
quently result in permanent positions, and a qualified man will advance 
slowly but surely and may ultimately reach the highest position which 
such corporations have to offer. 



Classes of Employment 53 

It is exceedingly desirable for the engineer to become at an early 
date a part of a permanent organization in a line which he will be con- 
tent to follow as a permanent life work. If a change into another line 
is desirable, it should be made at an early date ; delay greatly compli- 
cates the situation. If he withdraws from one line of work and enters 
another after considerable advancement has been attained, it must 
usually at the expense of salary, for he will not have the value in 
any other line without acquired experience. 

Foreign service is subject to the same disadvantage and should be 
regarded as a permanent life work, or abandoned early for work at 
home. Work in a foreign country involves a loss of touch with home 
conditions and professional acquaintance, and a change after some 
years abroad often results in the necessity of accepting a subordinate 
position at a greatly reduced salary. 

Employment in the government service has certain advantages and 
certain disadvantages. Compensation in the minor positions is usually 
equal to or greater than that which can be secured in private work, but 
the higher positions are not so well paid. On the other hand, those who 
reach advanced positions and display reasonable ability are assured of 
permanent positions. Instructional work in technical institutions is 
subject to the same comments. Such positions offer many opportuni- 
ties for development but they do not demand the constant exercise of 
energy and the continuous effort which are common to commercial 
work. If the individual lacks initiative and force, the opportunities 
for retaining the positions with a minimum of effort are conspicuous, 
and inclination in that direction will soon unfit the! individual for any 
important positions in commercial work. Whatever the work of the 
engineer may be his aim should be to do the work at hand properly to 
study and to improve. Advancement, where opportunities offer, will 
take care of itself if the young engineer by his acquisition of knowledge 
and skill is ready for promotion. 

§ 24. Private Practice. — The great majority of engineering 
positions are salaried positions. Probably less than ten per cent, of 
the engineering profession is engaged in what is termed "private prac- 
tice." In such work the compensation is generally based on either a 
per diem basis or on a percentage of the cost of the work which is un- 
dertaken. In such practice the engineer usually furnishes all the as- 
sistants necessary for the making of the original surveys, the designs 
and plans, and for supervising the construction, and occasionally some 
of the larger organizations of this kind undertake the actual construc- 
tion of the work as well. 



54 The Engineer at Work 

For success in private practice, at least on the larger and more im- 
portant works, extended experience on a great variety of work is re- 
quired, for in general the work of a private office cannot be devoted to 
a single specialty, although it is usually confined to certain definite re- 
lated lines. 

Occasionally a young man just out of college with only a few years 
of practice behind him attempts to enter private practice. If such work 
is confined to simple service such as drafting, surveying, etc., in which 
reasonable experience and adaptness have been attained, such a ven- 
ture is justifiable. When however the young engineer offers to the 
public inadequate experience, unsound judgment and insufficient skill 
for the proper performance of the work he desires to undertake, his 
attempt is unjustifiable and immoral. The sale of skill and knowledge 
which are not possessed is fraud, and although such a business may be 
conducted in such a manner as to escape the legal liabilities involved by 
misrepresentation, the moral sense is sacrificed with resulting perma- 
nent injury to the professional success of him who pursues such a 
course. Most attempts of this kind result in the failures which are 
rightly their due. If sufficient work is secured to pay expenses, it must 
usually be secured at a price too low for the class of services which 
should be rendered. Without broad experience proper services cannot 
be rendered, and on account of the low price received for his work, 
he is often unable to furnish even the best services of which he is cap- 
ab^.e. The results are unfortunate. He leaves behind him a record of 
work inadequately conceived and improperly done. He has mortgaged 
his future for an opportunity for an early professional preferment for 
which he was unprepared and he can never become more than of minor 
grade in his professional work. 

§ 25. Duties to Subordinates. — While much has been said of 

the duties of the employee in the performance of his work, such duties 
are by na means reduced when he reaches a position where others are 
subject to his direction and supervision. As previously stated (Sec. 3), 
with professional advancement higher obligations are assumed and such 
obligations should be exercised not only toward the client or superior, 
but toward the subordinate as well. The engineer should advise and 
assist his subordinates and give them every reasonable encouragement 
and incentive to excel in their work. Criticism and reproof where nec- 
essary should be administered kindlv and with the idea of improvement, 
and praise and commendat'on shou'M be offered for initiative, skill and 
accuracy. Jealousy of subordinates and the consequent failure to ad- 
vise and assist them or to .s^ive them suitable credit for valuable ideas 
or suggestions is the sign of limited ability or an ungenerous disposition. 



Duties to Subordinates 55 

The promotion of subordinates should be made on the basis of actual 
merit and not on the basis of capricious preference. If the superior is 
employing his subordinates for others, he is especially bound to con- 
sider intrinsic worth instead of personal preferment. 

In dealing with artisans and workmen a similar course of action 
is desirable. Nothing is gained and much is lost by harshness, conceit, 
and overbearing conduct. A feeling of injustice and resentment is 
seriously detrimental to the esprit de corps of any engineering force in 
the office or the field, and every force is bound to exhibit to a consider- 
able degree the spirit displayed by those in authority. 

§ 26. Duties to Clients. — The relations of the engineer to his 
clients are fiduciary in nature and therefore involve, both legally and 
morally, obligations which must be exercised even at the sacrifice of 
personal interests. The client must place his trust in the personal hon- 
esty, business integrity and professional ability of his engineer. Fre- 
quently this trust involves not on'y large construction cost but the suc- 
cessful outcome of an endeavor of great importance. The client is 
frequently entirely ignorant of the technical features of the work and 
is only interested in it as a business venture. He may know nothing of 
the hazards or contingencies involved, and cannot judge of the relative 
values and costs of different methods of development, different ma- 
terials and machines or the effects of the same on the ultimate aims to 
be attained. The engineer must stand between his client and all ad- 
verse interests. The desire of the contractor to cheapen the w^ork of 
construction, the desire of the manufacturer to secure the sale of more 
or less suitable machinery, the desire of the promoter to finance more 
or less questionable ventures, and many other interests must be care- 
fully scrutinized, fairly considered, and properly adjusted. 

To be a suitable adviser for such responsible positions, the en- 
gineer's loyalty must be beyond question ; his only interest must be that 
of his client in every right and proper way. "No man can serve two 
masters for either he will hate the one and love the other, or else he 
will hold to the one and despise the other." (Matt. 6 '.24). This prin- 
ciple has been recognized as essential by the best men of every as^e and 
nation and in every business and profession. If the engineer has ad- 
verse interests of any kind, no matter how innocent they may appear, 
they will bias his judgment and he will do less than his duty. It is 
the insidious interest which has no apparent relation to the immediate 
work of engineering rather than the action that is frankly dishonest that 
is to be feared, for through such interests the first serious misstep 
may be taken. 



56 The Engineer at Work 

It is not believed to be essential to discuss here the necessity of 
absolute honesty in such work ; personal interests with contractors, 
profits from the sale of materials, commissions from manufacturers, 
collusion with promoters, are not only obviously dishonorable and dis- 
honest, but so unquestionably immoral and against public policy that 
they render the individual amenable to the law. No one who respects 
his profession or who hopes for professional preferment could pos- 
sibly yield to such gross temptation. 

§ 27. Consultation. — Commonly the man who is called upon 
to take charge of an important endeavor is one who has developed 
more or less special knowledge and ability in the principal field which 
with other phases constitutes the project. When a young engineer has 
been advanced to a position of responsibility and authority on a project 
of this nature he often feels that the importance of his position de- 
mands an exhibition of learning and ability that is often entirely be- 
yond his capacity. Nevertheless he is frequently impelled to attempt 
professional ventures quite beyond his experience rather than to ac- 
knowledge that even his abilities have their natural limitation. In 
this manner young men of undoubted ability frequently attempt pro- 
fessional work of a special nature for which they are in no way quali- 
fied, and risk the success of their employer's interests in a manner that 
is unjust and unwarranted. While such attempts are usually attended 
with more or less success, they usually fail to accomplish the results 
that might be attained by such expert service and wrongly deprive the 
client of the very best results. No man can be uniformly expert on all 
branches covered by many projects, and it is the sign of a narrow mind 
and limited ability for a man not to recognize his own limitations or to 
fail to call in expert aid when such aid can be used to advantage in his 
client's service. 

§ 28. Duties to the Profession. — Every professional man is 
greatly indebted to his profession. His knowledge and usefulness have 
been greatly augmented by the labor and investigation, the successes 
and the failures of those who have gone before. The proceedings of 
technical societies, the articles in the technical press, the treatises on 
technical subjects and the opportunities of technical schools all afford 
the engineer occasion to enlarge his knowledge, expand his experience, 
increase his usefulness and make himself of greater value to himself 
and to the public. The high ideals and the dist'nguished ability that 
have been exercised by the men of the profession in the past bring to the 
professional man a consideration and standing which he could not oth- 
erwise enjoy. It is self-evident therefore that he who enjoys the mani- 



Duties to the Profession 57 

fold benefits to be derived from the lives and labors of those who are 
his associates or have preceded him in his profession, is morally bound 
to maintain such ideals and conserve such respect by the exercise of his 
best judgment and best ability and by a high conception of personal re- 
sponsibility and of personal honor, and by a corresponding exercise of 
such ideals in his professional work. 

§ 29. The Engineer in Business. — Engineering training af- 
fords a suitable foundation not only for professional work but also for 
various other occupations and vocations. It is a satisfactory training 
for the subordinate position of foremen, superintendents, salesmen and 
preliminary to entering the field of contracting for the construction of 
engineering work, for the manufacture of machinery, engineering ma- 
terials and supplies, and other occupations which have to do with or are 
intimately related to engineering work. Almost all that has been said 
of other activities applies to these and to any other lines of work in 
which the engineer may engage, whether directly or indirectly con- 
nected with technical affairs or in fields quite foreign to such matters. 
Honorable and conscientious service, intelligent application, consider- 
ate action and high ideals are the passports to high standing, public 
confidence and business preferment. 

§ 30. The Engineer as a Citizen. — The failure of engineers as 
a class to take part in social and political activities is largely responsible 
for the lack of appreciation of the public at large for the engineering 
profession. The work of the engineer is often far from the public eye, 
in the office and in the field. He is often away from home and his 
mind is so concentrated on his work and on his duties that he is apt to 
avoid the public and is often almost a stranger in his own town except 
among his personal friends. No man should become so engrossed in 
his business or profession that he forgets or neglects his duties as a 
citizen. The engineer should lend his aid and support to every bene- 
ficial public movement and should be especially active in shaping public 
opinion and securing proper legislative action along those lines on 
which he is especially informed through his professional training and 
activities. In many matters in which the engineer is best informed the 
public needs advice and assistance. Agitators and politicians fre- 
quently encourage for their own ends popular prejudice for or against 
government action along lines with which the engineer is familiar or of 
which, through his training in the analysis of conditions and the deter- 
mination of facts, he is best fitted to judge. The public is largely ig- 
norant of the true principles underlying conservation, inland waterways, 
preparedness, public improvements, sanitation, municipal ownership, 



58 The Engineer at Work 

and many other questions with which the engineer is or may easily be- 
come famiHar. With many of these subjects, unless there is an en- 
lightened pubHc opinion, the public through its legislators or members 
of congress, is liable to deal unwisely and unjustly. It is a duty of the 
engineer as a citizen to give the public the benefit of his training and 
practical experience in these various matters on which he is particularly 
able to render valuable service. 

Efficient and effective service in such matters will not only be of 
benefit to the public but will be of great value to the individual and en- 
hance the reputation of the profession in the minds of the people. 

§ 31. Conduct of Professional Practice. — The conduct of the 
engineer or architect in the practice of his profession should be gov- 
erned by a strict regard for the rights of others and an appreciation of 
the duties, he, as a professional man, owes to all with whom he has busi- 
ness relations. The American Institute of Architects offers certain 
advice relative to the principles of professional practice, which it 
recommends to its members.^ In most respects this advice is directly 
applicable to engineering practice as well. While these principles may 
not seem directly applicable to the conduct of the young engineer in 
minor professional positions, they contain the basic principles on which 
all such conduct should rest, and if read in connection with the codes 
of ethics which follow, will furnish the necessary information for the 
proper course of individual action in most cases. 

The American Institute of Architects, seeking to maintain a 
high standard of practice and conduct on the part of its members as 
a safeguard of the important financial, technical and esthetic inter- 
ests entrusted to them, offers the for.owing advice relative to pro- 
fessional practice : 

The profession of architecture calls for men of the highest integrity, 
business capacity and artistic ability. The architect is entrusted with finan- 
cial undertakings in which his honesty of purpose must be above suspicion; 
he acts as professional adviser to his client and his advice must be abso- 
lutely disinterested; he is charged with the exercise of judicial functions 
as between client and contractors and must act with entire impartiality; 
he has moral responsibilities to his professional associates and subordi 
nates; finally, he is engaged in a profession which carries with it grave 
responsibility to the public. These duties and responsibilities cannot be prop- 
erly discharged unless his motives, conduct and ability are such as to com- 
mand respect and confidence. 

No set of rules can be framed which will particularize all the duties of 
the architect in his various relations to his clients, to contractors, to his 



1 Reprinted from the "Quarterly Bulletin" of the American Institute of 
Architects. Adopted by the Institute at the Washington convention, Dec. 
14-16, 1909. 



Conduct of Professional Practice 59 

professional brethren, and to the public. The following principles should, 
however, govern the conduct of members of the profession and should serve 
as a guide in circumstances other than those enumerated: 

1. ArchitecVs Status. — The architect's relation to his client is primarily 
that of professional advisor; this relation continues throughout the entire 
course of his service. When, however, a contract has been executed between 
his client and a contractor by the terms of which the architect becomes the 
official interpreter of its conditions and the judge of its performance, an 
additional relation is created under which it is incumbent upon the architect 
to side neither with client nor contractor, but to use his powers under the 
contract to enforce its faithful performance by both parties. The fact that 
the architect's payment comes from the client does not invalidate his obli 
gation to act with impartiality to both parties. 

2. Preliminary Drawings and Estimates. — The architect at the outset 
should impress upon the client the importance of sufficient time for the 
preparation of drawings and specifications. It is the duty of the architect 
to make or secure preliminary estimates when requested, but he should 
acquaint the client with their conditional character and inform him that 
complete and final figures can be had only from complete and final drawings 
and specifications. If an unconditional limit of cost be imposed before such 
drawings are made and estimated, the architect must be free to make such 
adjustments as seem to him necessary. Since the architect should assume 
no responsibility that may prevent him from giving his client disinterested 
advice, he should not, by bond or otherwise, guarantee any estimate or 
contract. 

3. Superintendence and Expert Services. — On all work except the sim- 
plest, it is to the interest of the owner to employ a superintendent or clerk- 
of-the-works. In many engineering problems and in certain specialized 
esthetic problems, it is to his interest to have the services of special experts 
and the architect should so advise him. The experience and special knowl- 
edge of the architect make it to the advantage of the owner that these per- 
sons, although paid by the owner, should be selected by the architect under 
whose direction they are to work. 

4. The Architect's Charges. — The Schedule of Charges of the American 
Institute of Architects is recognized as a proper minimum of payment. 
The locality or the nature of the work, the quality of services to be rendered, 
the skill of the practitioner or other circumstances frequently justify a 
higher charge than that indicated by the schedule. 

5. Payment for Expert Service. — The architect when retained as an ex- 
pert, whether in connection with competitions or otherwise, should receive 
a compensation proportionate to the responsibility and difficulty of the 
service. No duty of the architect is more exacting than such service, and 
the honor of the profession is involved in it. Under no circumstances should 
experts knowingly name prices in competition with each other. 

6. Selection of Bidders or Contractors. — The architect should advise the 
client in the selection of bidders and in the award of the contract. In ad- 
vising that none but trustworthy bidders be invited and that the award be 
made only to contractors who are reliable and competent, the architect pro- 
tects the interests of his client. 



60 The Engineer at Work 

7. Duties of the Contractor. — As the architect decides whether or not 
the intent of his plans and specifications is properly carried out, he should 
take special care to see that these drawings and specifications are complete 
and accurate, and he should never call upon the) contractor to make good 
oversights or errors in them nor attempt to shirk responsibility by indefinite 
clauses in the contract or specifications. 

8. Engaging in the Building Trades. — The architect should not directly 
or indirectly engage in any of the building trades. If he has any financial 
interest in any building material or device, he should not specify or use it 
without the knowledge and approval of his client. 

9. Accepting Commissions or Favors. — The architect should not receive 
any commission or any substantial service from a contractor or from any 
interested person other than his client. 

10. Encouraging Good Workmanship. — The large powers with which 
the architect is invested should be used with judgment. While he must con- 
demn bad work, he should commend good work. Intelligent initiative on 
the part of craftsmen and workmen should be recognized and encouraged 
and the architect should make evident his appreciation of the dignity of the 
artisan's function. 

11. Offering Services Grattiitiously, — The seeking out of a possible client 
and the offering to him of professional service on approval and without com- 
pensation, unless warranted by personal or previous business relations, tends 
to lower the dignity and standing of the profession and is to be condemned. 

12. On Advertising. — Publicity of the standards, aims and progress of 
the profession, both in general and as exemplified by individual achieve- 
ment, is essential. Advertising of the individual, meaning self-laudatory 
publicity procured by the person advertised or with his consent, tends to 
defeat its own ends as to the individual as well as to lower the dignity of 
the profession, and is to be deplored. 

13. On Signing Buildings and Use of Titles. — ^The, unobtrusive signa- 
ture of buildings after completion is desirable. 

The placing of the architect's name on a building during construction 
serves a legitimate purpose for public information, but is to be deplored if 
done obtrusively for individual publicity. 

The use of initials designating membership in the Institute is desir- 
able in all professional relationships, in order to promote a general under- 
standing of the Institute and its standard through a knowledge of its 
niemlbers and their professional activities. 

14. On Competitions. — An architect should not take part in a com- 
petition as a competitor or juror unless the competition is to be conducted 
according to the best practice and usage of the profession, as evidenced 
by its having received the approval of the Institute, nor should he con- 
tinue to act as professional adviser after it has been determined that the 
program cannot be so drawn as to receive such approval. When an archi- 
tect has been authorized to submit sketches for a given project, no other 
architect should submit sketches for it until the owner has taken definite 
action on the first sketches, since, as far as the second architect is con- 
cerned, a competition is thus established. Except as an authorized com- 
petitor, an architect may not attempt to secure work for which a com- 
petition has been instituted. He may not attempt to influence the award 



Conduct of Professional Practice 61 

in a competition in which he has submitted drawings. He may not accept 
the commission to do the work for which a competition has been instituted 
if he has acted in an advisory capacity either in drawing the program or 
in making the award. 

15. Injuring Others. — An architect should not falsely or maliciously in- 
jure directly or indirectly, the professional reputation, prospects or business 
of a fellow architect. 

16. Undertaking the Work of Others. — An architect should not under- 
take a commission while the claim for compensation or damages, or both, 
of an architect previously employed and whose employment has been ter- 
minated remains unsatisfied, unless such claim has been referred to arbi- 
tration or issue has been joined at law; or unless the architect previously 
employed neglects to press his claim legally; nor should he attempt to sup- 
plant a fellow architect after definite steps have been taken toward his 
employment. 

17. Duties to Students and Draftsmen. — The architect should advise and 
assist those who intend making architecture their career. If the beginner 
must get his training solely in the office of an architect, the latter should 
assist him to the best of his ability by instruction and advice. An architect 
should urge his draftsmen to avail themselves of educational opportunities. 
He should, as far as practicable, give encouragement to all worthy agencies 
and institutions for architectural education. While a thorough technical 
preparation is essential for the practice of architecture, architects cannot 
possibly insist too strongly that it should rest upon a broad foundation of 
general culture. 

18. Duties to the Public and to Building Authorities. — An architect 
should be mindful of the public welfare and should participate in those move- 
ments for public betterment in which his special training and experience 
qualify him to act. He should not, even under his client's instructions, en- 
gage in or encourage any practices contrary to law or hostile to the public 
interest; for as he is not obliged to accept a given piece of work, he cannot, 
by urging that he has but followed his client's instructions, escape the con- 
demnation attaching to his acts. An architect should support all public offi- 
cials who have charge of building in the rightful performance of their legal 
duties. He should carefully comply with all building laws and regulations, 
and if any such appear to him unwise or unfair, he should endeavor to have 
them altered. 

19. Professional Qualifications. — The public has the right to expect that 
he who bears the title of architect has the knowledge and ability needed for 
the proper invention, illustration and supervision of all building operations 
which he may undertake. Such qualifications alone justify the assumption of 
the title of architect. 

LITERATURE 
Industrial Leadership, by H. L. Gault. Yale University Press, New Haven. 
Trade Morals, by E. D. Page. Yale University Press, New Haven. 
Morals in Modern Business. Yale University Press, New Haven. 
Everyday Ethics. Yale University Press, New Haven. 
Ethics in Service, by W. H. Taft. Yale University Press, New Haven. 
Analyzing Character, by Blackford and Newcomb. Review of Reviews Co., 
New York. 



62 



The Engineer at Work 



The Job, the Man, the Boss, by Blackford and Newcomb. Review of Re- 
views Co., New York. 

The Engineer and the Social Problems. Discussion of the duty of the en- 
gineer to society. Presidential address to American Society of Civil Engi- 
neers, June, 1913, by George F. Swain. Can. Eng. Vol. 24, p. 918 and Vol. 25, 
p. 119. 

Present Day Tendencies and Problems and the Relation of the Engineer 
to them. Abstract of address by George F. Swain, Eng. Rec. Vol. 67, p. 722. 
See also Eng. News, Vol. 69, p. 1346. 

The Engineer in Public Service. Abstract of Address to Class of Case 
School by F. H. Newell. Eng. News, Vol. 68, p. 153. 

The Relation of the Engineer to Life. Address to Western Society of En- 
gineers, Jan. 11, 1911 by John W. Alvord. 

The Relation of Engineering to Economics. Discussion of the effects en- 
gineering had had upon the economic conditions by William Kent. Eng. 
News, Vol. 34, p. 156. 

Deficiency in Personality Responsible for Engineers Failure to Receive 
Recognition. Address by Prof. G. F. Swain before American Institute of 
Electrical Engineers. Compares qualities for leadership of engineers and law^- 
yers. Eng. Rec. Vol. 71, p. 261. 

Relations between Customer, Consulting Engineer and Electrical Manu- 
facturer. Abstract of paper before New York Electrical Society. Discusses 
duty and usefulness of Engineer. S. Dana Greene. Eng. News, Vol. 39, p. 45. 

Relation of the Consulting Engineer to the Operating Engineer. Dis- 
cusses desirability of harmony between them. F. W. Rose. Eng. Rec. Vol. 
67, p. 497. 

The Consulting Engineer and the Municipal Engineer. Qualifications nec- 
essary for good engineer and duties of each class. H. C. H. Shenton. Con. 
Eng. Vol. 25, p. 249. 

Some .Public Relations of the Engineer. Opportunities for the engineer 
in social service. M. N. Baker. Eng. News, Vol. 65, p. 346. 

The Commercial side of Engineering. Discusses development of eflficient 
methods. W. M. McFarland. Cassiers Mag. Jan. 1904. 

The Commercial Aspect of Engineering. Discussion of business side of 
engineering, salesmanship, etc. Chas. A. S. Hewlett. Jour. W. S. E. Feb. 
1905. 

The Engineer in Civic Affairs. Editorial. Elect. Rev. & West. Elect. 
Vol. 61, p. 195. 

The Relations of Engineers and Contractors. Discussion of some condi- 
tions which produce hardships. Address before First American Road Con- 
gress. By Capt. D. L. Hough. Eng. Rec. Vol. 64, p. 644. 

The Engineer in Business. Desirability of honesty and economy in the 
engineering work. Editorial. Eng. Rec. Vol. 54, p. 536. 

The Engineer as a Citizen. Discussion of engineering education and the 
duties of the engineer as a citizen. Address by President Alex. C. Humphreys 
at the University of Pennsylvania. Eng. Rec. Vol. 54, p. 465. 

Ethical Relation between the Draftsman and the Mechanical Engineer. 
Discusses some questions of ethics to be observed in subordinate position. 
F. R. Hutton. Eng. News, Vol. 69, p. 71. 



CHAPTER IV 

PERSONAL AND ETHICAL RELATIONS 

§ 32. Limitations of Positive Law. — The necessity of a guide to 
human conduct has been recognized in every age and by every peopiC. 
With primitive people, might made right, and force was the basis of 
the settlement of disputes until this became recognized as an unsatis- 
factory and a needlessly expensive method for the adjustment of social 
relations. Even today in international relations, the law of might is 
frequently exercised and such exercise is a sad commentary on our 
present so-called civilization. The necessity for satisfactory, estab- 
lished social and business relations resulted in the establishment of 
positive law which, while it has grown, developed and improved, still 
leaves much to be desired. 

While positive law fixes certain social and business obligations be- 
tween individuals, and provides a method by which further obligations 
can be established by agreement, yet even where an attempt is made in 
a contract to specify in the greatest detail the limitations of such obli- 
gations, there are many points of contact in both social and business 
intercourse over which no successful legal control can be established. 

Positive law is an attempt to crystalize the ideas and convictions 
of the citizens of a country as to those obligations and that conduct 
which, established by custom, usage and experience, seem to afford 
the greatest degree of justice and equity under average conditions in 
the relationship of man to man. Such laws fall so far short of accom- 
plishing their object that courts of equity have been established to miti- 
gate and supplement the law in cases where strict legal relief is im- 
practicable. 

Laws were originally enacted with the object of protecting par- 
ticularly the established rights of the ruling class, and were modified 
to benefit the more unfortunate only as revolution or change in the 
moral and ethical view of the people required. Even today undue 
weight is frequently given to vested and property right, to the detri- 
ment of the unfortunate. While the observance of legal rights is highly 
important, still a society in which none but legal rights are recognized 
would constitute a most unhappy community. 



\ 



64 Personal and Ethical Relations 

§ 33. Ethics. — While the law defines the privileges of the individ- 
ual in the larger matters of life, it does not always assure equity and 
justice even in those matters, and is a guide to a limited extent only in 
the every day relations of man to man. The individual conduct in 
those manifold intimate relations which are not governed by legal en- 
actments has more to do with character and success than the observa- 
tion of mere legal requirements. It is not sufficient that the law be ob- 
served, for a man may live strictly within the law and be most unde- 
sirable as a citizen, friend or neighbor. 

To the honorable business or professional man, the question of a 
legal right in regard to a course of conduct is of secondary importance 
to the ethical right, and he will not exercise legal rights which are not 
also morally sound. As has already been pointed out, the law only ap- 
proximates justice and equity, and frequently in its application falls 
far short of the object. Then again, the exercise of a legal right some- 
times involves legal action, which in turn requires an expenditure of 
time and money often unwarranted by the results which may be at- 
tained ; so the legal right, while equitable, may not be enforced on ac- 
count of the trouble involved. Unfortunately there are men who are 
willing to take advantage of all laws favorable to themselves even 
though entirely unjust, and to take advantage of the unwillingness of 
others to sustain their rights in court and to trespass on those legal 
rights so far as can safely be done. 

Moral and ethical principles undoubtedly began to develop prior 
to the establishments of even the most primitive forms of positive law 
and have grown and developed concomitant with the development of 
the law. Mankind has long recognized the imperfections in positive 
law and has attempted to control through religion and moral associa- 
tions and societies and through established public opinion, those human 
actions which need control for the general and individual good but 
which positive law has failed to effect. In general every country has a 
certain moral or ethical standard which may be regarded as established 
by custom and common approval. Such standards are more or less im- 
perfect. True ethical principles are not a matter of custom but are 
well understood and have been recognized by the best men in all ages 
and in all walks of life. The ethical code established by custom 
changes with the development of society and can reach perfection only 
when society develops- morally far beyond its present condition. 

The net practical results of the ethical development of any nation 
must be adjudged by the existing conditions. Social conditions which 
will permit of so much crime and poverty as now exist in every coun- 



Ethics 65 

try, are not ideal and these conditions which now obtain are undoubt- 
edly largely due to the unethical legal and social organization of so- 
ciety and to ignorance of how best to accomplish the desired results, 
and unwillingness to waive personal advantage in favor of moral obli- 
gations. In every society there are individuals who fail to recognize, 
or at least to exercise, even those ethical and moral obligations which 
are regarded as well founded by the society in which they live, and 
who undoubtedly accomplish certain desired results and derive certain 
profits and apparent advantages by such disregard. Humanity is weak, 
and few individuals who have lived active lives in constant contact 
with their fellow men, have always observed those ethical obligations 
which they in their conscience recognize as morally just and equitable. 

§ 34. Formation of Individual Principles. — It is essential that 
every individual who is to take part in business or professional life 
should adopt or form individual principles of action for guidance in 
his relations to others with whom he must necessarily come in contact, 
for without such principles he will not be able to act promptly and he 
will be uncertain in his relation to men, and often be led into embar- 
rassing positions with possible loss of his self-respect and reputation. 
The principles to be adopted should be sound and, at least until sub- 
stantiated by personal experience, should be based on the consensus o5 
opinion of those men to whom the individual looks with confidence 
and respect. Without such principles mistakes are certain and the 
individual may be led into a course of action which will seriously affect 
his future. 

The first step in unethical conduct is often inadvertent and is made 
through ignorance. Conditions often render further departure ap- 
parently expedient or necessary. The moral ideals become blunted, and 
ethical principles are ignored because of the unethical attitude of asso- 
ciates and competitors, with the thought or expression that "If we go 
to Rome we must do as the Romans," or *Tf we do not do this some 
one else will." On such false ideas the downward path begins ; and 
ends where? 

There can be no question that as a basis of a successful life, and 
entirely apart from moral and religious ideals, "Honesty is the best 
policy." Even those who have occasion to use the services of a dishon- 
est person cast him aside when his immediate use is over, well knowing 
that he who will sell himself once may do so a second time, and to the 
detriment of his first employer. The material profit which may tem- 
porarily accrue from unethical conduct so dwarfs the intellects of those 



66 Personal and Ethical Relations 

who yield to its temptation that it is bound to lead to moral and pro- 
fessional ruin. 

It is therefore essential in business and in professional life that 
the individual be honest, preferably from an ethical and moral stand- 
point, but if not from this point of view, then certainly from the stand- 
point of policy. 

At the best, life is brief, and true usefulness and happiness should 
be its aim, and while the engineer or other professional or business 
man may acquire comparatively little wealth, he can and should own 
himself, and his dearest possession should be a spotless reputation. 
Honesty and integrity lead to dependability. No amount of knowledge 
or work can take the place of these attributes. The man who can be 
depended upon is ever in demand, and if he has also acquired a high 
degree of knowledge and experience and an appetite for hard work, his 
true success, barring accidents, is assured. 

§ 35. Specifications for a Man.* — 

"To respect my country, my profession, and myself. To be honest and 
fair with my fellow men as I expect them to be with me. To be a loyal 
citizen of the United States. To speak of it with praise and act always as a 
trustworthy custodian of its good name. To be a man whose name carries 
prestige with it wherever it goes. 

"To base my expectations of a reward on a solid foundation of service 
rendered. To be willing to pay the price of success in honest effort. To 
look upon my work as an opportunity to be seized with joy and to be made 
the most of, not as a painful drudgery to be reluctantly endured. 

"To remember that success lies within my own self and in my own 
brain, my own ambition and my own courage and determination. To expect 
difficulties and force my way through them. To turn hard experience into 
capital for future struggles. 

"To believe in my profession heart and soul. To carry an air of op- 
timism in the presence of those I meet. To dispel all temper with cheerful- 
ness, kill doubts with strong conviction, and reduce action" with an agree- 
able personality. 

"To make a study of my business. To know my profession in every 
detail. To mix brains with effort and system in my work. To find time to 
do every needful thing by not letting time find me doing nothing. To hoard 
days as a miser does dollars. To make every hour bring me dividends in 
increased knowledge and healthful recreation. To keep my future unen- 
cumbered with debts. To save as well as to earn. 

"To cut out expensive amusements until I can afford them. To steer 
clear of dissipation and guard my health of body and peace of mind as a 
most precious stock in trade. 



♦Found among the papers of Thomas J. Van Alystyne, a .f.aduate of the 
Electrical Engineering department of Cornell University after his death 
which occurred on the job. — Cornell Civil Engineer, Vol. 23, p. 154. 



Code of Ethics 67 

"Finally to take a good grip on the joys of life. To play the game like 
a man. To fight against nothing as hard as my own weakness and endeavor 
to give it strength. To be a gentleman and a Christian so I may be courteous 
to man, faithful to friends, and true to God." 

§ 36. Code of Ethics. — Within the last ten years (1916) the dis- 
cussions of professional ethics have crystalized into the various codes 
of ethics which have been adopted by many technical societies. These 
codes do not presume to define all of the duties and obligations of the 
individual toward life, but express as far and as clearly as practicable 
the principles which should govern the professional relations of the en- 
gineer or architect to his client or employer, to other professional men, 
and to the public. While in general these codes are intended to apply 
to the conduct of the professional man in independent practice, they 
also afford valuable suggestions to the young engineer or architect as to 
his personal course of conduct. 

They are an expression of ideas which every man should thought- 
fully consider. 

These codes are however, rules which cover only a few features of 
professional conduct and entirely ignore the more important and more 
personal relations. They do not cover the field of ethics and a profes- 
sional man who follows them implicitly may depart in many ways from 
a proper ethical standard in his personal life. 

The man of experience and of high ideals who desires to live a life 
of usefulness and honor needs no formal code of ethics to guide his per- 
sonal or professional conduct. 

§ 37. The Canons of Ethics of the American Institute of Archi- 
tects. — The following canons are adopted by the American Institute of 
Architects as a general guide, yet the enumeration of particular du- 
ties should not be construed as a denial of the existence of others 
equally important although not spec'fically mentioned. It should 
a^so be noted that the several sections indicate offenses of greatly 
varying degrees of gravity. 

It is unprofessional for an architect — 

1. To engage directly or indirectly in any of the building trades. 

2. To guarantee an estimate or contract by bond or otherwise. 

3. To accept any commission or substantial service from a contractor or 
from any interested party other than the owner. 

4. To take part in any competition which has not received the approval 
01 the Institute or to continue to act as professional adviser after it has 
been determined that the program cannot be so drawn as to receive such 
approval. 

5. To attempt in any way, except as a duly authorized competitor, to 
secure work for which a competition is in progress. 



68 Personal and Ethical Relations 

6. To attempt to influence, either directly or indirectly, the award of a 
competition in which he is a competitor. 

7. To accept the commission to do the work for which a competition has 
been instituted if he has acted in an advisory capacity, either in drawing 
the program or in making the award. 

8. To injure falsely or maliciously, directly or indirectly, the profes- 
sional reputation, prospects or business of a fellow architect. 

9. To undertake a commission while the claim for compensation or 
damages, or both, of an architect previously emnloyed and whose employ- 
ment has been terminated remains unsatisfied, until such claim has been 
referred to arbitration or issue has been joined at law, or unless the archi- 
tect previously employed neglects to press his claim legally. 

10. To attempt to supplant a fellow architect after definite steps have 
been taken toward his employment, e. g., by submitting sketches for a 
project for which another architect has been authorized to submit sketches. 

11. To compete knowingly v^rith a fellow architect for employment on 
the basis of professional charges. 

§ 38. Code of Professional Ethics of The American Institute of 
Consulting Engineers.^ — It shall be considered unprofessional and 
inconsistent with honorable and dignified bearing for any member 
of The American Institute of Consulting Engineers : 

1. To act for his clients in professional matters otherwise than in a 
strictly fiduciary manner or to accept any other remuneration than his direct 
charges for services rendered his clients, except as provided in Clause 4. 

2. To accept any trade commissions, discounts, allowances, or any indi- 
rect profit or consideration in connection with any work which he is engaged 
to design or to superintend, or in connection with any professional business 
which may be entrusted to him. 

3. To neglect informing his clients of any business connections, interests 
or circumstances which may be deemed as influencing his judgment or the 
quality of his services to his clients. 

4. To receive, directly, or indirectly, any royalty, gratuity, or commission 
on any patented or protected article or process used in work upon which he 
is retained by his clients, unless and until receipt of such royalty, gratuity 
or commission has been authorized in writing by his clients. 

5. To offer commissions or otherwise improperly solicit professional 
work either directly or by an agent. 

6. To attempt to injure falsely or maliciously, directly or indirectly, the 
professional reputation, prospects or business of a fellow engineer. 

7. To accept employment by a client while the claim for compensation 
or damages, or both, of a fellow engineer previously employed by the same 
client and whose employment has been terminated, remains unsatisfied or 
until such claim has been referred to arbitration or issue has been joined at 
law or unless the engineer previously employed has neglected to press his 
claim legally. 

8. To attempt to supplant a fellow engineer after definite steps have 
been taken toward his employment. 



2 Authorized by the council, June 23, 1911. 



Code of Ethics 69 

9. To compete with a fellow engineer for employment on the basis of 
professional charges by reducing his usual charges and attempting to under- 
bid after being informed of the charges named by his competitor. 

10. To accept any engagement to review the work of a fellow engineer 
for the same client, except with the knowledge or consent of such engineer 
or unless the connection of such engineer with the work has been terminated. 

§ 39- Code of Principles of Professional Conduct of The Amer- 
ican Institute of Electrical Engineers.^ — While the following prin- 
ciples express generally the engineer's relations to client, employer, 
the public, and the engineering fraternity, it is not presumed that 
they define all of the engineer's duties and obligations. 

(A) General Principles. 

1. In all of his relations the engineer should be guided by the highest 
principles of honor. 

2. It is the duty of the engineer to satisfy himself to the best of his 
ability that the enterprises with which he becomes identified are of legitimate 
character. If after becoming associated with an enterprise he finds it to be 
of questionable character, he should sever his connection with it as soon as 
practicable. 

(B) The Engineer's Relations to Client or Employer) 

3. The engineer should consider the protection of a client's or em- 
ployer's interests his first professional obligation, and, therefore, should avoid 
every act contrary to this duty. If any other considerations, such as profes- 
sional obligations or restrictions, interfere with his meeting the legitimate 
expectation of a client or employer, the engineer should inform him of the 
situation. 

4. An engineer cannot honorably accept compensation, financial or 
otherwise, from more than one interested party, without the consent of all 
parties. The engineer, whether consulting, designing, installing or operating, 
must not accept commissions, directly or indirectly, from parties dealing 
with his client or employer. 

5. An engineer called upon to decide the use of inventions, apparatus, 
or anything in which he has a financial interest, should make his status in 
the matter clearly understood before engagement. 

6. An engineer in independent practice may be employed by more than 
one party, when the interests of the several parties do not conflict; and it 
should be understood that he is not expected to devote his entire time to the 
work of one, but is free to carry out other engagements. A consulting engi- 
neer permanently retained by a party, should notify others of the affiliation 
before entering into relations with them, if, in his opinion, the interests 
might conflict. 

7. An engineer should consider it his duty to make every effort to rem- 
edy dangerous defects in apparatus or structures or dangerous conditions of 
operation, and should bring these to the attention of his client or emnlove^. 



3 Adopted by the board of directors, March 8, 1912. 



70 Personal and Ethical Relations 

(C) Ownership of Engineering Records and Data. 

8. It is desirable that an engineer undertaking for others work in con- 
nection with which he may make improvements, inventions, plans, designs, 
or other records, should enter into an agreement regarding their ownership. 

9. If an engineer uses information which is not common knowledge or 
public property, but which he obtains from a client or employer, the results 
in the forms of plans, designs or other records, should not be regarded as 
his property, but the property of his client or employer. 

10. If an engineer uses only his own knowledge, or information, which 
by prior publication, or otherwise, is public property and obtains no engi- 
neering data from a client or employer, except performance specifications or 
routine information, then in the absence of an agreement to the contrary the 
results in the form of inventions, plans, designs, or other records, should 
be regarded as the property of the engineer, and the client or employer 
should be entitled to their use only in the case for which the engineer was 
retained. 

11. All work and results accomplished by the engineer in the form of 
inventions, plans, designs, or other records, that are outside of the field of 
engineering for which a client or employer has retained him, should be re- 
garded as the engineer's property unless there is an agreement to the contrary. 

12. When an engineer or manufacturer builds apparatus from designs 
supplied to him by a customer, the designs remain the property of the cus- 
tomer and should not be duplicated by the engineer or manufacturer for 
others without express permission. When the engineer or manufacturer and 
a customer jointly work out designs and plans or develop inventions a clear 
understanding should be reached before the beginning of the work regard- 
ing the respective rights of ownership in any inventions, designs, or matters 
of similar character, that may result. 

13. Any engineering data or information which an engineer obtains 
from his client or employer, or which he creates as a result of such infor- 
mation, must be considered confidential by the engineer; and while he is 
justified in using such data or information in his own practice as forming 
part of his professional experience, its publication without express permis- 
sion is improper. 

14. Designs, data, records and notes made by an employee and referring 
exclusively to his employer's work, should be regarded as his employer's 
property. 

15. A customer, in buying apparatus, does not acquire any right in its 
design but only the use of the apparatus purchased. A client does not ac- 
quire any right to the plans made by a consulting engineer except for the 
specific case for which they were made. 

(D) The Engineer's Relations to The Public. 

16. The engineer should endeavor to assist the public to a fair and 
correct general understanding of engineering matters, to extend the general 
knowledge of engineering, and to discourage the appearance of untrue, un- 
fair or exaggerated statements on engineering subjects in the press or else- 
where, especially if those statements may lead to, or are made for the pur- 
pose of, inducing the public to participate in unworthy enterprises. 



Code of Ethics 71 

17. Technical discussions and criticisms of engineering subjects should 
not be conducted in the public press, but before engineering societies, or 
in the technical press. 

18. It is desirable that the first publication concerning inventions or 
other engineering advances should not be made through the public press, 
but before engineering societies or through technical publications. 

19. It is unprofessional to give an opinion on a subject without being 
fully informed as to all the facts relating thereto and as to the purposes for 
which the information is asked. The opinion should contain a full state- 
ment of the conditions under which it applies. 

(E) The Engineer's Relations to The Engineering Fraternity. 

20. The engineer should take an interest in and assist his fellow engi- 
neers by exchange of general information and experience, by instruction and 
similar aid, through the engineering societies or by other means. He should 
endeavor to protect all reputable engineers from misrepresentation. 

21. The engineer should take care that credit for engineering work is 
attributed to those who, so far as his knowledge of the matter goes, are the 
real authors of such work. 

22. An engineer in responsible charge of work should not permit non- 
technical persons to overrule his engineering judgments on purely engineer- 
ing grounds. 

(F) Amendments. 

Additions to, or modifications in, this Code may be made by the Board 
of Directors under the procedure applying to a by-law. 

§ 40. Code of Ethics Suggested for The American Institute of 

Chemical Engineers (19 1 3). — 

Purpose of the Code: 

To define the rules of professional conduct and ethics for the members 
of the Institute. 

The Institute expects of its members: 

1. That in all of their relations, they shall be guided by the highest 
principles of honor. 

2. The upholding before the public at all times of the dignity of the 
chemical profession generally and the reputation of the Institute, protecting 
its members from misrepresentation. 

3. Personal helpfulness and fraternity between its members and toward 
the profession generally. 

4. The avoidance and discouragement of sensationalism, exaggeration 
and unwarranted statements. In making the first publication concerning in- 
ventions or other chemical advances, they should not be made through the 
public press, but through chemical societies and technical publications. 

5. The refusal to undertake for compensation, work which he believes 
will be unprofitable to a client without first advising said client as to the 
improbability of successful results. 

6. The upholding of the principle, that unreasonably low charges for pro- 
fessional work tends toward inferior and unreliable work, especially if such 
charges are set at a low figure for advertising purposes. 



72 Personal and Ethical Relations 

7. The refusal to lend their names to any questionable enterprise, 

8. Conservatism in all estimates, reports, testimony, etc., especially in 
connection with the promotion of business enterprises. 

9. That they shall not engage in any occupation which is obviously con- 
trary to law or public welfare. 

10. When a chemical engineer undertalties for others work in connection 
with which he may make improvements, inventions, plans, designs or other 
records, he should enter into a written agreement with regard to their owner- 
ship; and when it is subsequently found that such an agreement does not 
cover a point at issue, the following rules shall apply: 

a. If a chemical engineer uses information which is not common knowl- 
edge or public property, but which he obtains from a client or employer, the 
results in the form of plans, designs or other records shall not be regarded 
as his property, but the property of his client or employer. 

b. If a chemical engineer uses only his own knowledge or information 
or data, which by prior publication or otherwise are public property, and 
obtains no chemical engineering data from a client or employer except per- 
formance specifications or routine information, then the results in the form 
in inventions, plans, designs or other records should be regarded as the 
property of the engineer and the client or employer should be entitled to their 
use only in the case for which the engineer was retained. 

c. All work and results accomplished by the chemical engineer in the 
form of inventions, plans, designs or other records, or outside of the field 
for which a client or employer has retained him, should be regarded as the 
chemical engineer's property. 

d. When a chemical engineer participates in the building of apparatus 
from designs supplied him by a client, the designs remain the property of the 
client and should not be duplicated by the designer or anyone representing 
him for others without express permission. 

e. Chemical engineering data or information which a chemical engineer 
obtains from his client or employer or which he creates as a result of such 
information must be considered confidential by the engineer; and while he 
is justified in using such data or information in his own practice as forming 
part of his professional experience, its publication without express permission 
is improper. 

f. Designs, data, records and notes made by an employee and referring 
to his employer's work, should be regarded as his employer's property. 

g. A client does not acquire any exclusive right to plans or apparatus 
made or constructed by a consulting chemical engineer except for the specific 
case for which they were made. 

11. A chemical engineer cannot honorably accept compensation, financial 
or otherwise, from more than one interested party, without the consent of all 
parties; and whether consulting, designing, installing or operating, must not 
accept compensation directly or indirectly from parties dealing with his 
client or employer. 

When called upon to decide on the use of inventions, apparatus, pro- 
cesses, etc., in which he has a financial interest, he should make his status 
in the matter clearly understood before engagement. 



Code of Ethics 73 

12. The chemical engineer should endeavor at all times to give credit 
for work to those who, so far as his knowledge goes, are the real authors of 
such work. 

13. Undignified, sensational or misleading advertising should be dis- 
couraged. 

14. Contracts made by chemical engineers should be subject to the Code 
of Ethics. 

For the administration of this Code of Ethics, a Committee on Ethics 
shall be appointed by the president holding office at the time of the adoption 
of this Code, to consist of five members; one appointed for five years, another 
for four years, another for three years, another for two years, another for 
one year, and thereafter, the president then holding office shall appoint one 
member annually to serve for five years and also fill such vacancies as may 
occur for the unexpired term. Three of these members shall be over forty- 
five years of age. The committee shall elect its own chairman. The Com- 
mittee on Ethics shall investigate all complaints submitted to them bearing 
upon the professional conduct of any member, and after a fair opportunity 
to be heard has been given to the member involved, shall report its findings 
to the Council, whose action shall be final. 

§ 41. Code of Ethics Adopted by American Society of Civil 
Engineers, September 2, 1914. — It shall be considered unprofes- 
sional and inconsistent with honorable and dignified bearing for 
any member of the American Society of Civil Engineers : 

1. To act for his clients in professional matters otherwise than as a 
faithful agent or trustee, or to accept any remuneration other than his 
stated charges for services rendered his clients. 

2. To attempt to injure falsely or maliciously, directly or indirectly, the 
professional reputation, prospects, or business, of another engineer. 

3. To attempt to supplant another engineer after definite steps have been 
taken toward his employment. 

4. To compete with another engineer for employment on the basis of 
professional charges, by reducing his usual charges and in this manner at- 
tempting to underbid after being informed of the charges named by another. 

5. To review the work of another engineer for the same client, except 
with the knowledge or consent of such engineer, or unless the connection of 
such engineer with the work has been terminated. 

6. To advertise in self-laudatory language, or in any other manner derog- 
atory to the dignity of the profession. 

§ 41-a. Code of Ethics Adopted by the American Society of 
Mechanical Engineers, May 24-27, 1920. 

1. The mechanical engineer should be guided in all his relations by the 
highest principles of honor, of fidelity to his client, and of loyalty to his 
country. 

2. His first duty is to serve the public with his specialized skill. In 
promoting the welfare of society as a who^e he advances his own interests, 
as well as those of the whole engineering profession. 

3. He should consider the protection of his client's or employer's in- 
terests in professional matters his essential obligation, provided these in- 
terests do not conflict with the public welfare. 



74 Personal and Ethical Relations 

4. Ke shall refrain from associating himself or continuing to be as- 
sociated with any enterprise of questionable or illegitimate character. 

5. He can honorably accept compensation, financial or otherwise, from 
only one interested party unless all parties have agreed to his recompense 
from other interested parties. 

6.. He must inform his clients of any business connections, interests 
or circumstances, such as might influence his judgment or the quality of 
his services to his clients. 

7. He must not receive, directly or indirectly, any royalty, gratuity or 
commission on any patented article or process used in the work upon which 
he is retained without the consent of his clients or employers. 

8. He should satisfy himself before taking over the work of another 
consulting engineer that good and sufficient reasons exist for making change. 

9. He must base all reports and expert testimony on facts or upon 
theories founded only on sound engineering principles and experience. 

10. He must not regard as his own any information which is not com- 
mon knowledge or public property, but which he obtained confidentially 
from a client or while engaged as an employee. He is, however, justified 
in using such data or information in his own private practice as forming 
part of his professional experience. 

11. He should do everything in his power to prevent sensational, ex- 
aggerated or unwarranted statements about engineering work being made 
through the public press. First descriptions of new inventions, processes, 
etc., for publication should be furnished only to the engineering societies 
or to the technical press. 

12. He should not advertise in an undignified, sensational or mislead- 
ing manner, or offer commissions for professional work, or otherwise im- 
properly solicit it. 

13. He should not compete knowingly with a fellow-engineer for em- 
ployment on the basis of professional charges or attempt to supplant a 
fellow-engineer after definite steps have been taken toward the other's em- 
ployment. 

14. He should assist all fellow-engineers by exchange of general in- 
formation and valuable experience or by instruction through the engineer- 
i]ig societies, the schools of applied science, and the technical press. 

§ 42. Questions in Ethics. — It is reasonably assumed that no 
one who is interested in the discussion of Ethics would deliberately fol- 
low courses of conduct which are clearly and undoubtedly wrong. In 
that no choice exists for any honorable man : he must pursue a certain 
many cases, a g^iven course of conduct is so obviously right or wrong 
line of conduct. 

Conduct may vary from such obvious conditions to those in 
which the questions of right and wrong are so indistinct that opin- 
ions may justly vary concerning the matter which, in extreme 
cases, may even become simply a matter of the individual con- 
science. Ethical rules as adopted by the various engineering so- 
cieties, while obvious in the abstract, are not always so obvious 



Questions in Ethics 75 

in their application; and those applications which may be obvious 
to the man of affairs may not be apparent to the young man just 
entering practical life. Certain concrete conditions have therefore 
been stated, on some of which it seems desirable that the student 
should express his opinion, and the answers, after being examined, 
should be discussed and the ethics of the situation explained. By a 
thoughtful consideration of such questions and a full discussion of the 
same, the student will gain a more correct view of ethical principles than 
is possible by the study of a statement of the abstract principles. 

1. A young engineer applied for a position that was to last six months, 
and secured the appointment in active competition with several others. 
After he had worked at the job for a month, he was offered an opportunity 
to greatly better his salary in another city. As he was financially irrespon- 
sible, he could easily leave without fear of legal action. Should he accept or 
decline the new offer, and why? 

2. Assume that an engineer were an applicant for a certain position and 
were asked concerning the standing and qualifications of another engineer for 
the same position, concerning whom he has heard unfavorable reports. 
Should he give the information he possesses? 

3. It is the ambition of many students of engineering to enter the field 
of general practice in what is often termed consulting engineering work. 
Is a young engineer who has had only one or two years' experience, war- 
ranted in offering his services to the public in such capacity? 

4. A young engineer was employed for some years with an engineering 
firm and acquired considerable experience in their specialty. A party desiring 
some work done along that line, and hoping to secure the same at a low figure, 
proposed that the young engineer take up their work at odd times, inde- 
pendently of his employers who, as business was somewhat dull, could spare 
a part of his services. Was he justified in accepting such work, and why? 

5. Is a practicing engineer, unfamiliar with the specialty, mentioned in 
question 4, justified in taking work in that line and trying to secure the young 
engineer mentioned therein during his spare time to do thework for him? 

6. If an engineer is employed for a portion of his time by a state to 
examine and pass upon plans for work, on which he is supposed to be expert 
and over which the state has assumed a certain control, is he justified in 
seeking to practice his profession by undertaking to prepare plans and speci- 
fications for work along similar lines and within the same state? 

7. In most state public service bureaus there is always considerable 
v/ork for the engineering department which is waiting for their consid- 
eration. Nevertheless some of the specialists are able to secure leave of 
absence to undertake personal work for private parties, thus delaying the 
regular work of the department. Is such action justifiable? 

8. Should or should not an engineer who has prepared plans and speci- 
fications for a piece of work, bid on the same as a contractor, and why? 

9. Plans and specifications were prepared by a firm of engineers for a 
water works system for a small city, and bids were invited. Another engi- 
neer, acting with a contractor, made plans for a cheaper system and attempted 
to secure the contract through their ability to do the work on the cheaper 



76 Personal and Ethical Relations 

system at a less price than could be made by the other contractors on the 
official plans. Was the other engineer justified in his conduct, and why? 

10. A company which had employed an engineer to prepare plans and 
specifications for certain work became dissatisfied and uncertain as to the 
safety of the plans he had proposed. In the absence of the engineer, and 
without advising him as to their intention, they called in another engineer, 
explaining in their letter that they desired him to check up the plans and 
advise them as to their safety and sufficiency. Should the second engineer 
accept or decline the service, and on what grounds? 

11. A second company under similar circumstances, and with the con- 
sent of their engineer, called for similar services from another engineer, who 
accepted and found the works proposed would be perfectly safe but that 
while it was not obvious, yet he could easily show that a considerable sum 
of money could be saved and the plant made much more satisfactory by cer- 
tain minor changes. Such changes in plans would, however, probably reflect 
to some extent on the engineer of the work, and if the plans were allowed 
to stand, the possible saving or improvement would never be "known. Was 
it or was it not the duty of the consulting engineer to call the attention of 
the company to the defect, at the expense of his fellow engineer's reputation? 

12. An investigation was made of a contemplated irrigation project and 
a favorable report was duly submitted by an irrigation engineer to a develop- 
ment company. Another engineer was called to make surveys, prepare plans 
and specifications and to supervise construction. After considerable prog- 
ress had been made in the detailed investigations, the engineer became con- 
vinced that the preliminary report was greatly in error and that the project 
could not be a success financially. His opinion was submitted to the devel- 
opment company, and they instructed him to keep his report confidential and 
to continue the work, with the intention of selling sufficient land to protect 
themselves from financial loss of the money already invested and perhaps 
be able to secure a profit. Was the engineer justified or not in continuing 
the work under such conditions, and why? 

13. An engineer, having examined a water power project, reported to his 
clients that in his opinion the cost of development and other conditions 
would make the cost of the possible power output too great to make the 
project financially satisfactory. His opinion was accepted, and the matter 
was dropped by the client. Later, the same project was taken up by a 
power company, and the same engineer was asked to take charge of the 
development. What was his duty in the premises, and why? 

14. In many promotional enterprises the success of a project will de- 
pend upon various factors whoch are often more or less uncertain. Some 
of these factors are original cost, cost of operation and the cost of financ- 
ing. Another very great uncertainty is the development expense or the 
interest and operating costs during the period when the plant is acquiring 
a business or the project is securing its customers, and many projects other- 
wise desirable become unprofitable on account of this serious expense. 

(a) If an engineer having had extensive experience along certain lines 
is satisfied that a project cannot be financially successful, while his clients 
not thoroughly familiar with the subject believe that they can make the 
project a success and decide to go ahead with the project, is the engineer 
warranted in undertaking the work? 



Questions in Ethics 77 

(b) If in the opinion of the engineer the possibilities of profitable de- 
velopment are more or less uncertain and the success of the development 
depends upon circumstances which may or may not render the project un- 
profitable, is the engineer warranted in undertaking the work? 

15. A manufacturer offered an engineer a commission of ten per cent on 
all the material that might be used on a contract, provided his special brand 
of material was specified. If the engineer knew or believed that the material 
was equal to any similar material on the market, would he be justified in ac- 
cepting the offer, and why? 

16. Would he be so justified if he knew the material was equal to any 
on the market, and would not cost more than other materials of the same 
kind? 

17. If a similar offer were made to a contractor to specify certain ma- 
terials with his bid, would he be justified in accepting the same, and why? 

18. A company asked two engineers to name the price at which they 
would agree to prepare plans for a certain piece of work. Each engineer, 
without knowledge of the other, estimated that the work should reasonably 
be worth the sum of $2,000, at which price one of them submitted his prop- 
osition. The other, before submitting his proposal, accidently heard that 
the same price had been named by his competitor, and being desirous of se- 
curing the work, reduced his price to $1,900. Was he justified in such reduc- 
tion, and why? 

19. If the above work was worth $2,000' a current professional charges, 
and an engineer knowing this and without knowledge of the price named by 
others, was so desirous to secure the work that he was willing to reduce his 
charges to $1,500, would he be justified in such reduction, and why? 

20. An engineer was about to let a contract for certain expensive machin- 
ery. He was very familiar with similar machinery made by a number of 
first class manufacturers, but was unfamiliar with that made by one concern 
whose reputation was, he knew, first class. The company, anxious to stand 
on an equal footing with others, offered to pay all the necessary expenses 
of the engineer to visit several places where their machines were in use, 
including a trip to their factory where a similar machine was under con- 
struction. If the engineer desired such information, and could conveniently 
make the trip, should he accept or decline the invitation, and why? 

21. If the engineer made the trip above outlined, either at his own ex- 
pense or at the expense of the company, and during the trip was invited by 
the representatives of the company to take various side trips for pleasure 
and to accept various costly entertainment at the expense of the company's 
representatives or of the company itself, should he accept or decline, and 
why? 

22. Should an engineer accept, to any extent, minor favors (cigars, 
theatre tickets, etc.) of a contractor or those who are liable to become con- 
tractors on his work, and if so, to what extent? 

23. A contractor named a price of $50,000 for performing a piece of work 
for a company, for which he was willing to take the Company's notes. The 
notes, he found, could be discounted at the local bank so as to net the con- 
tractor $49,000. The manager of the company, after consulting with the 
cashier of the bank, offered through the cashier to award the contractor the 
contract at $52,000, provided he would allow the bank a total discount at the 



78 Personal and Ethical Relations 

bank of $3,000, in which event the contract would still net the contractor 
$49,000. Should the contractor take the contract under such conditions, and 
why? 

24. If under the above conditions the cashier advised the contractor that 
the manager was to receive half the discount which the bank made, what 
should be the contractor's attitude toward the contract, and why? 

25. An en^neer of reputation was asked by a banking- house to take 
charge of certain engineering work, no price being agreed upon for his sal- 
ary. He by chance learned that the bankers would not object to a charge 
of twenty-five per cent in excess of his regular charges. Would he be war- 
ranted in increasing his charges beyond his usual basis? 

26. In a similar case, a company was so desirous of an engineer's serv- 
ices that they offered him fifty per cent more than his customary charges. 
He would have been glad to accept the appointment at his regular charges. 
Was he warranted in accepting the advance? 

27. An hydraulic en^neer, under an agreement with a village, prepared 
plans for a water works system. To pay for a part of the work involved, 
village bonds were issued. The official of the village asked the engineer 
if he would assist them in the disposal of the bonds, and he agreed to do so 
if he conveniently could. He spoke to several bankers, who did not care 
to buy the bonds, and finally meeting the representative of a bond house, 
told him of the bonds which the village desired to sell. The bond house 
purchased these bonds at a price mutually satisfactory to themselves and 
the village. Afterward the president of the bond company, meeting the 
engineer, told him that they had bought the bonds at a very satisfac- 
tory price, and asked him to call at their oflBce as the bond company desired 
to give the engineer a check for one hundred dollars. Should the engineer 
have accepted or rejected the check, and why? 

28. Toward the close of the construction season the authorities of a 
small town became very anxious to complete certain paving that year. 
An engineering company made a proposal to the town to prepare plans, 
specifications, and estimates for this work and in case no bid was received 
below their estimate, to take the contract at the estimate they had made. 
Was such a proposal ethical? 

29. Certain promoters negotiated a franchise with a city to build an 
important public work at an expense of about $1,000,000, payable in an- 
nual installments which were to begin on the satisfactory completion of 
the work. The franchise was granted. One of the promoters withdrew from 
the venture accepting for his share of the prospective profits and for his 
expense and time, an order payable from the first moneys received from 
the city. A corporation was formed to undertake the work which was 
financed not by moneys furnished by its stockholders, but by bonds which 
were sold to the general public mostly outside of the city. The company 
attempted to build the works on inadequate plans. The works as carried 
out were unsatisfactory, the available funds became exhausted and the pro- 
ject was placed by the court in the hands of a receiver. The promoting- 
company having failed in their efforts and having no further resources 
abandoned the project, leaving the contractor and the bondholders and cer- 
tain creditors with an uncompleted plant practically valueless in its un- 
finished condition. 



Questions in Ethics 70 

A consulting engineer was called in by the city to review the situa- 
tion and advise as to what was necessary for the proper completion of the 
l-roject. He completed his report which was received with confidence by the 
public, was paid for his services and had no further professional connection 
with the city government which had employed him. 

The promoter who had withdrawn from the project at the beginning, 
began negotiating with the city to be allowed to proceed with the comple- 
tion of the work which he proposed to do on lines much less thorough and 
complete than those proposed by the consulting engineer, and undoubtedly 
with the hope that he could protect the interest he already had in the ven- 
ture and perhaps secure a considerable extra profit. It was obvious that if 
he could secure the services of the consulting engineer who had reported to 
the city as his advisor it would give him a certain prestige with the officials 
and the citizens of the city, and help him in securing the desired franchise. 
He approached the consulting engineer with this proposal. Should the con- 
sulting engineer accept such an appointment? 

30. A agreed to buy a farm of B for $5,000, paying $1,000 cash, and 
made a written agreement to meet B on a certain date and either complete 
arrangements by giving a mortgage for the balance or to forfeit the amount 
paid. Before the date of meeting, B, relying on A's agreement, refused an- 
other similar offer. A, on account of sickness, failed to meet at the ap- 
pointed time, and on account of ignorance failed to be represented by at- 
torney. B was undoubtedly damaged only $300 or $400 by failure to sell. 
By failure to meet his agreement, A legally forfeited his payment of $1,000. 
Assuming that A was willing to forfeit a sum equivalent to the actual dam- 
ages, was B morally warranted in holding A to his agreement? 

31. Assum.e that a body of some five or six men undertake to form a 
joint stock company in a line of business with which they are familiar. On 
account of their knowledge and reputation for fair dealing, they secure sub- 
scriptions to the stock of the company and organize the same. A board of 
directors is elected, consisting probably of the original organizers of the 
company who must also be stockholders. During the early stages of devel- 
opment, the future of the company is more or less uncertain and the prob- 
able outcome will be better understood by those closely connected with the 
management. The right to buy or sell stock is an undoubted legal right 
which can be exercised by any of the stockholders at any time. Would the 
original promoters be justified in selling their stock as soon as the com- 
pany is organized? 

32. Would any of the stockholders be justified in the sale of their stock 
before the prospects of the company are fully realized? 

33. Would any member of the company, be he director or otherwise, who 
is particularly well informed on the business of the company, be justified 
in purchasing stock from other members less informed, at less than its 
fair value by withholding a knowledge of favorable prospects or by unduly 
deprecating future prospects, and why? 

34. Would any stockholder be justified in undertaking to purchase a 
majority of the stock from other members in order that he might person- 
ally sell it at a price greater than its true market value, and thereby place 
the control of the same in the hands of strangers, and why? 



80 Personal and Ethical Relations 

35. Would any stockholder, after acquiring a majority of the stock, be 
justified in selling said majority to strangers without securing the right of 
sale to other stockholders of the company, and why? 

36. A, who controlled fifty-one per cent of the stock of a corporation, 
elected himself president of the company and voted himself a salary which 
will be approved by a court as not excessive but may be more than the 
work is worth. Is he warranted in using his legal rights to secure an ex- 
cessive salary? 

LITERATURE 

Suggested Code of Ethics of the Oregon Society of Engineers. Eng. News, 
June 12, 1913. 

A Proposed Code of Ethics for Engineers. Prepared by council of Am. 
Soc. Mech. Engrs. Eng. News, Vol. 69, p. 29. 

Proposed Code of Ethics for Comment. Jour. W. S. E. Jan, 1916. 

Two New Codes of Professional Ethics. Philadelphia Chapter A. I. ,A.; 
and Alberta Association of Architects. Eng. Rec, Vol. 60, p. 681. 

Professional Ethics for the Mining Engineer. John Hays Hammond. 
Eng. News, Vol. 60, p. 443. 

A Code of Ethics for Architects. Adopted by Boston Chapter A. I. A. 
Eng. News, Vol. 57, p. 105. 

Code of Ethics and Recommended Schedule of Compensation of Maine 
Society of Civil Engineers. Eng. News, Vol. 70, p. 1231. 

Engineering Honors — Presidential Address to American Institute Elec- 
trical Engineers, by Schuyler S. Wheeler, Elect. Rev. Vol. 48, p. 968. 

Professional Ethics. Abstract of Address to Students of Lehigh Univer- 
sity, by Rossiter W. Raymond. Elect. Rev. Vol. 49, p. 64. 

Ethics of the Engineering Profession. Victor C. Alderson. Jour. W. S. 
E. Aug. 1901. 

Ethics of Consulting Practice. Staff Article. Eng. News. Nov. 10, 1892, 
p. 445. 

Code of Ethics with Legislative backing for Pennsylvania Society of En- 
gineers, by F. H. Snow. Eng. News, Vol. 61, p. 661. 

Strict View of Consulting Engineering. Letter. Eng. News, Vol. 58, 
p. 617. 

Duty of Engineers to the Profession. E. T. Dwelley. Eng. News, Vol. 61, 
p. 479. 

Moral Standards. Responsibility of Technical Colleges, by John Berg. 
Eng. News, Vol. 55, p. 405. 

The Human Side of Engineering. J. C. Wait. Sibley Jour, of Eng. Vol. 
28, pp. 20, 68, 94. 

New Code of Ethics for Mechanical Engineering. Eng. News-Res., Vol. 
84, p. 1261. 

Disciplinary Procedure of the American Institute of Architects. H. W. 
Sellers. Eng. News-Rec, Vol. 84, p. 677. 



CHAPTER V 
THE USE OF ENGLISH 

§ 43. The Importance of English. — The successful engineer 
must be something more than a skilled mechanic, an artisan or a de- 
signer. He must not only be able to make surveys and prepare plans 
and designs but he must also be able to make reports to his clients or 
superiors, prepare instructions for his assistants and subordinates, write 
specifications, prepare agreements, both as a basis for receiving bids 
and for making contracts ; he must originate, lay out and supervise or 
carry out contract works, and supervise the maintenance and operation 
of engineering plans. In each case the engineer must be able to ex- 
plain his plans and proposals so that his reasons and methods will be 
understood and appreciated. 

The ability to use clear, logical, forceful and correct English is 
an asset of great value to the engineer, and frequently means advance- 
ment beyond others of equal technical ability but without the ability of 
correct and proper expression. 

Obscure, incorrect and fau-ty language, used in engineering re- 
ports, instructions, contracts and specifications, frequently involves dis- 
putes and litigations, with the consequent loss of thousands of dollars, 
and in some cases misunderstandings which may cause the loss of lives 
and reputations. Any element in engineering education, the misuse of 
which may produce such dire results or the correct use of which may 
bring such great results, is worthy of the most careful consideration 
and attention. 

The command and intelligent use of language is often the best 
method of conveying to others an appreciation of the knowledge 
of the engineer and his ability to meet and solve engineering problems. 
For success the engineer must not only be technically ab^e to solve the 
engineering problems which come to him for solution, but others must 
know and appreciate his ability. It is true that the best test of ability 
is the actual performance of the work in question, but a knowledge of 
the ability so demonstrated is confined to the clients, employers, 
friends, colleas^ues or employees of the engineer, and a wider knowl- 
edge of that ability can be secured only by the spoken or written word. 

Articles in the technical press or papers before engineering so- 
cieties, describing new designs and new work along new and novel 
lines, when well prepared and presented, extend the acquaintance and 
reputation of their writer. The preparation of an article or paper, on a 



82 The Use of English 

subject on which he is partxu'arly well informed, systematizes the engi- 
neer's knowledge, gives opportunity for a careful review and per- 
sonal criticism of his own work, develops his ability, and aids himself 
more than it does any other individual. When such articles or papers 
are of real value, they also aid in the advancement of professional 
knowledge and fulfill a duty every man owes to his profession. When 
such articles are prepared purely from a selfish motive, for the purpose 
of advertising and personal advancement, they are usually valueless to 
the profession and detrimental to the author ; but when prepared with 
the purpose of conveying valuable information and advancing the pro- 
fession, if well prepared even though the subject be a simple one, 
they become a valuable asset to the profession and a legitimate aid to 
individual advancement. 

§ 44. Engineering English. — Engineering English should and 
does differ from the English of literature. Fine writing and pic- 
turesque language have little place in the writings of the engineer. 
The language should always be clear, definite and exact ; it should often 
be brief, technical and to the point. It must vary in its character from 
the English of literature to the English of the law, according to the 
persons for whom and purposes for which it may be prepared. In gen- 
eral, engineering English must be written with the particular parties in 
mind for whom it is intended, and their education, training, technical 
knowledge and point of view must be fuMy considered. 

Engineering writings may be subdivided into several classes, each 
more or less distinct, but such writings may frequently fall between 
or within more than one of these classes, and sometimes partake of 
the character of each. 

In general, letters, reports and papers may be written for : 

First: Non-technical readers. 

Second: Technical readers more or less acquainted with engineer- 
ing matter but not particularly versed in the special subject treated. 

Third: Supervisors and assistants, those specially acquainted with 
the subject matter treated. 

Fourth: Contracts and specifications. 

§ 45. The iHearer or Reader. — The knowledge and capacity of 
those to whom written or spoken language is addressed is an important 
element to be considered in the preparation of articles, reports or ad- 
dresses. The statement that "doubling the head of water acting on a 
S^iven turbine will increase its power more than 28 times, because such 
power will varv with the three-halves power of the head acting," is a 
perfectly clear statement to the hydraulic engineer but may mean little 
to a business man, and must be stated in greater detail and with con- 



The Hearer or Reader 83 

siderable explanation if it becomes necessary or desirable to have the 
business man understand and appreciate the fact. In such writing 
technical matters should be explained in clear and simple language, so 
that the persons for whom it is written will understand the matter in- 
volved, the reasons for the plans proposed and the results to be accom- 
plished. There are few technical matters which cannot be made so 
clear in a properly written paper or report that any good business man 
can understand them, and failure to prepare such papers that they 
can be so understood is usually due to a lack of understanding of the 
matter by the engineer himself. Any engineer has only to attempt to 
read some advanced work on a subject with which he is unfamiliar to 
recognize the fact that, while such a work may be perfectly plain to the 
expert, it is quite meaningless to the novice who must first read ele- 
mentary works on the subject and acquire the fundamental ideas and 
the necessary vocabulary before he can comprehend the advanced work. 

Papers on technical subjects must therefore be written with the 
capacity of the reader in view. For the business man, the conclusions 
are most important, but they should be supported by such a clear dis- 
cussion of the facts and such a presentation of logical arguments as 
will appeal to his judgment and common sense. The principles by 
which the conclusions are reached, and the detailed data to which they 
apply, are less important but should usually be presented as a basis for 
the conclusion. 

When the paper is prepared for technical readers who have had 
a certain technical training, and are known to understand certain scien- 
tific principles, the matter may be presented in a different form and 
the special matters described must be so treated as to make them plain 
to others than the specialist. In such cases the discussion of the data 
and the principles on which the conclusions rest, becomes the important 
matter to be considered, and the explanations are needed only of those 
technical details that are special to the subject and are not coinmonly 
understood by the general professional man. 

When those addressed are specialists in the matter discussed, the 
data obtained and the methods of their derivation and investigation be- 
come of primary importance. Technical terms properly applied will 
add to the clearness of the exposition, and conclusions when drawn 
must be the obvious deduction from the data and the facts. 

In the writing of contracts and specifications, which in the execu- 
t'on of the work must usually be interpreted by men of varying capa- 
bilities and which may be and frequently are, subject to the interpre- 
tation of the court, the words should be as carefully chosen to express 
the exact meaning as are the mathematical symbols in an equation. 



84 The Use of English 

There should be but one interpretation and that the one intended, and 
the exact meaning of both the common and technical words or terms 
used and their local or special significance should be thoroughly un- 
derstood and appreciated. The use of the technical vernacular of the 
subject treated is desirable when it adds to the clearness of the meaning. 
Ordinary words and terms must be used with great care, and fre- 
quently must be modified and defined so as to assure an exact interpre- 
tation of their meaning. 

§ 46. Knowledge of Subject. — The absolute prerequisite for 
clear and accurate technical writing is a clear and accurate knowl- 
edge of the subject which is to be discussed or described. While this 
is self-evident, lack of such knowledge is nevertheless an important rea- 
son for much and perhaps most of the obscurity in reports, technical 
papers and specifications. If a specification must be prepared or a tech- 
nical detail described which is imperfectly understood by the writer, 
how then can it be made clear to others? It is impossible to convey 
a true idea which is not possessed by the writer, and the idea con- 
veyed can never be clearer than the writer's understanding of the 
matter described. 

It is evident that the engineer who wrote the specifications for 
the measurement of earth in embankments d'scussed in Section 51, 
did not fully and clearly understand or appreciate the element of 
shrinkage as affecting the measurement of earth fills and entirely 
failed to conceive the conditions under which such measurements 
might have been made. If these subjects had been understood, the 
necessity of an appeal to the court would have been avoided. 

Accurate an<i complete knowledge requires study, application, 
effort and reflection. These, technical writers frequently fail to 
exercise, either from indolence, carelessness or lack of time, any 
one of which is a reason for obscure language, but no one of which 
can be considered as a valid excuse for such language. 

A knowledge of spelling, punctuation, grammar, rhetoric and 
composition, and even a broad experience in the writing of tech- 
nical English will not supply lack of knowledge of the subject mat- 
ter. While these subjects are necessary elements of good English, 
and are indispensable for clear and exact English, and while the 
principles of rhetoric and composition are desirable and even essen- 
tial for the best productions, they are all secondary to the idea or 
ideas which it is desired to convey. Failure to possess or to exer- 
cise a knowledge of these subjects shows lack of cultivation and 
is undesirable, and in important cases highly objectionable. The 
exercise of such knowledge is desirable as a means to an end, 



Knowledge of Subject 85 

but it cannot, without collateral knowledge of the subject matter, 
attain that end. 

There are few men thoroughly versed in their subject and fully 
acquainted with all its details, who cannot present such subject, 
orally at least, in a clear and usually interesting manner. Even 
though their grammar be defective, their sentences imperfect, and 
their entire presentation poorly arranged, yet their knowledge is 
evident and their efforts are appreciated. The combination of both 
knowledge and literary ability is necessary for the presentation of 
technical matter in clear, concise and correct language, and logt- 
ical form naturally increases the ease with which the hearer can 
follow the argument and comprehend the ideas. But no literary 
ability, no flights of rhetoric, no elegance of diction or practice 
in delivery or presentation, can replace or supply the lack of 
knowledge of the subject or convince the intelligenit hearer that 
there is more than empty sound in such an address. 

In written papers, adequate presentation, without some knowl- 
edge of the principles of iliterary composition, becomes more diffl- 
cult; but the principle remains that knowledge is the prime essential 
and the one element without which even partial success is impos- 
sible. 

Whatever the subject may be and whatever the object of the 
paper which is to be prepared, it can be successful only when based 
on a sound, clear, exact and detailed knowledge of the subject con- 
sidered. With such a knowledge, th|e preparation) pi sentences, 
paragraphs and entire papers of a form and substance which can 
be clearly understood, becomes largely a matter of care and prac- 
tice. With something to say or to explain, which is clearly under- 
stood by the writer, and with the capacity of the reader kept fully 
in mind, any technically educated man can with care and diligence 
soon acquire the ability to write English. 

Primarily therefore, for technical writing of every description, 
the essential feature is to have the subject well and thoroughly un- 
derstood, to have something to say, and then to say it in the sim- 
plest, plainest, clearest language of which the writer is capable, 
keeping clearly in mind the capacity of the readers for whom the 
matter is intended. 

Knowledge of the subject is fundamental to success, and indis- 
pensable for clear technicaU exposition ; and secondary, but yet very 
important, comes a knowledge of spelling, punctuation, grammar, 
rhetoric, composition, and the meaning of words both common and 
technical. 



86 The Use of English 

§ 47. Logical Arrangement. — While a clear statement of facts 
or requirements is essential to convey the ideas and meaning de- 
sired, when the matter discussed requires considerable space for 
its full consideration, the logical arrangement of the material be- 
comes hardly less important. 

All technical writing's are intended to convey to the reader 
a knowledge of what the writer knows or desires, in such a manner 
that he shall clearly understand the subject discussed or the re- 
quirements described, as completely as necessary or desirable for 
the purpose in view. The subject should be considered with this 
end in view. It should be outlined in general and then discussed 
in detail, and the discussion should proceed logically from the 
fundamental and essential features to those that are subordinate 
and less important. 

The subject should first be analyzed and its fundamental and 
essential features separated and arranged in logical sequence. Each 
feature should be further considered, and the subordinate but es- 
sent"al qualifying factors arranged in a similar manner. When 
the entire subject has been treated in this manner, and an outline 
has been prepared, the preparation of the written matter can then 
proceed. 

The subject should first be discussed in a general way so as 
to give at once a concrete conception of the matter to be treated. 
Following this each feature can be taken up in the order determined 
and discussed as fully as its importance demands. The main ideas 
underlying the treatment should be : first, the arrangement of the 
entire subject in logical order both as regards main features and 
subordinate factors ; and second, the discussion of each feature and 
each subordinate factor in a connected manner but at the same 
time so distinct and separate as to define accurately to the mind of 
the reader its relative importance and its modifying effect on the en- 
tire subject. 

One main idea and one only should be developed in a para- 
graph, and the subject may and should be divided into such sec- 
tions and subsections and such chapters or other subdivisions as 
may be necessary to accomplish the clear and logical presentation 
of the subject. As the subject is distinct from other subjects, so 
should the main divisions be separate and distinct from each other, 
and each should be devoted to the complete consideration of that 
particular feature in which it is assigned. In the same manner 
each subdivision should be devoted exclusively to that one of 



The Outline 87 

the principal features of the main subject which is discussed there- 
in, and each subordinate idea or quaHfying influence should be as- 
signed a section or a paragraph, as its importance warrants. 

With due study, reflection and practice, the development of 
a subject along the lines indicated is readily accomplished and if 
carried out with reasonable intelligence, will result in a clear expo- 
sition of the entire subject. 

§ 48. The Outline. — The general idea of the construction of 
the outline which should precede the writing of any extended tech- 
nical paper, can be readily acquired by the examination of the 
table of contents of any well written technical book or by the 
study of any well prepared specifications. Chapter VII of this book 
gives a brief analysis of the who^ic subject of law, and Chapter IX 
a more complete analysis of the subject of contracts; The latter 
subject is but a minor subdivision of the former, but it would re- 
quire several volumes for its complete consideration. 

In the preparation of an outline it must be understood that the 
purpose for which the paper is prepared may not require complete 
or even a well balanced treatment of the subject. The purpose of 
the paper may be to develop and emphasize some particular phases 
of the subject that are most important for the ends in view. These 
must receive more elaborate treatment, and matters of minor im- 
portance must be subordinated to the general purpo^se and more 
briefly treated or altogether ignored, as their importance, relative 
to the main object, warrants. 

What ideas are to be developed, what facts are to be presented, 
and what order of presentation will be the best and most logical 
and will most easily convey the meaning which it is desired to 
impress on the reader, are matters which depend on the purpose for 
which the paper is prepared and the readers to whom it will be 
presented. In general, the purpose and the reader must be kept 
continuously in mind, and all diversions which will tend to obscure 
the main object of the paper or distract the attention of the reader 
from that object, must be avoided. 

The outline should be regarded only as a means to an end, and 
should be changed or modified as the necessity for alteration may 
develop during the preparation of the paper. Facts and Ilhistra- 
tions, which It may at first seem desirable to utilize, may be found, 
during the preparation of the paper, not to yield to satisfactory 
treatment, and others may be substituted to advantage. In the first 
attempts at the preparation of such papers It may reasonably be 
expected that the development of the subject will frequently make 



88 The Use of English 

desirable an entire reconstruction and rearrangement of the outline. 
The best results and ultimate facility in the preparation of technical 
papers can be secured only by willingness on the part of the writer 
entirely to rearrange and rewrite his paper as often as he can recog- 
nize the opportunity for material betterments. 

The actual preparation of an outline may be preceded to ad- 
vantage by the analysis of existing papers on subjects similar to 
that under consideration. The papers for such study should be 
selected from the best available sources. From the analysis so 
made, an outline should be prepared which will exhibit at a glance 
the plan of construction of the paper selected for study. Such an 
analytical outline will give the student a clear idea of the basis 
presumably used by the best writers in the preparation of their 
papers and will serve as a guide to the preparation of an outline 
for the subject at hand. Valuable suggestions and examples along 
this line may be found in the following chapters on specifications, 
and in various books on English composition to which references 
are given at the end of this chapter. 

§ 49. Style. — Technical men commonly possess an unwholesome 
disrespect for literary ability. It is often assumed by them that 
they are men of action and not of words, and that therefore the 
devotion of their attention to the correct principles and methods 
of literary expression is superfluous and non-essential,, and rather 
to be neglected than cultivated. The education of technical men 
is largely scientific, and precision and efficiency are among the most 
important principles of their training. Such education is not complete 
until the value of literary abijity is appreciated. Let the technical man 
be scientific in his use of language as well as in the development of 
his plans. Let him apply these principles in his writing as well as 
in his work. Let the sequence of his thoughts be logical and his 
expressions precise in order that he may secure the greatest efficiency 
in conveying by the language used clear comprehension of the ideas, 
facts, opinions or requirements that he desires to impress on his readers. 
In this way only can he produce good technical letters, reports, papers 
and specifications. 

The fundamental principle of expression either written or spoken 
is to secure efficiency in the comprehension of ideas by the person ad- 
dressed, with the least possible mental effort. The engineer recognizes 
that in machinery, simplicity in des^'gn and the proper arrangements of 
parts are necessary for efficiency in power transmission. Complica- 
tion in parts, unnecessary transformation and inconvenient arrange- 
ment result in needless loss of energy, and all losses in the machinery 



Style 89 

reduce the amount of energy which can be deHvered for useful work, 
and such losses must therefore be reduced as far as possible. 

The same principles apply in the use of language. The mental 
power of the reader is to be utilized for the transmission of ideas 
by) the mechanism of words. The amount of mental energy avail- 
able for the purpose is limited. With this energy the reader must 
recognize and interpret the words used, arrange and combine the 
images suggested, and finally must realize the thoughts conveyed. 
If the language is confused, verbose, or involved, more mental 
energy is used up in recognizing the words and interpreting them, 
and the less is available for the understanding of the thought which 
it is desired to convey.^ All losses in the mental energy of the 
reader must therefore be reduced to a minimum to secure the best 
results. 

Simplicity in language, when practicable, results in the highest 
efficiency in comprehension. A gesture or an exclamation fre- 
quently conveys a more accurate idea of the thought or feelings than 
a sentence or paragraph, and the spoken word is more efficient than 
the written. 

The spoken word is received direct, with the advantage of per- 
sonal expression, and often with a community of knowledge be- 
tween the speaker and the persons addressed. The literary form 
of oral expression, while important in all cases and of great im- 
portance in the formal presentation of technical matters, is of less 
importance than when the same matter is presented in written or 
printed form. In the ilatter cases the personal element is lacking, 
and the meaning must be drawn solely from the language used, 
and everything that can be done to make the subject matter clear, 
accurate and attractive is essential to the best results. The careful 
choice of words, the accurate use of technical terms, correct gram- 
matical construction, logical arrangement of ideas, clear methods 
of expression, the presentation of the niatter in an attractive man- 
ner, are all desirable to secure and hold the attention of the reader 
and to convey the meaning clearly. Poor spelling, improper punctu- 
ation, ungrammatical construction and involved language draw 
the attention to subordinate matters and lead the reader to surmise 
that the conclusions presented may be as erroneous as the form 
in which they appear. 

The subject matter should not be sacrificed to the style, but 
the style should be utilized to develop and illuminate the subject 



1 Spencer, "The Philosophy of Style." 



90 The Use of English 

matter. Technical matters may often be dry and, to other than 
technical men, uninteresting and obscure. The careful choice of 
words simplifies the subject, clarifies the idea and crystallizes the 
thought in the mind of the reader. The careful selection of ex- 
pressions and the adaptation of a suitable literary style attract 
and retain the attention, simplify the subject matter, and often in- 
terest the reader in subjects of which he would otherwise weary. 

There are few needs for elaborate rhetorical effort in technical 
writing; such efforts, even if they do not appear absurd, attract 
attention to the manner of expression rather than to the matter 
expressed, and hence are objectionable. The language should be 
brief and exact and the words should be simple but carefully 
chosen. The point of view and the extent of knowledge of the 
reader must determine the degree of simplicity with which the sub- 
ject must be treated. Unessential and meaningless generalities 
should be eliminated, for they tend toward obscurity and the diver- 
sion of the reader's attention from the main subject on which his 
thoughts should be concentrated. 

§ 50. The Choice of Words. — Accuracy of expression demands 
a careful choice of words. Words are never exactly synonymous 
in their meaning. Even when words are derived from foreign 
words of exactly synonymous meaning, they are adapted in the 
English to express ideas more or less different. In the growth and 
development of language words often acquire other special mean- 
ings perhaps quite foreign to that conveyed by the original signifi- 
cation. These changes grow from the orignal meanings based on 
physical likeness, association, similarity of relation, use of a part for 
the whole, adaptation of the mental for the physical, and idiomatic 
metaphors. 

Take for example the changes and extension in meaning of 
the common word head:- 

1. The original physical meaning: iHead. 

2. From physical likeness : The head of a river ; or the consumma- 
tion of a development to come to a head. 

3. From association : The head of a bed. 

4. Similarity of relation : The head of a business. 

5. The part for the whole : A hundred head of horses. 

6. Mental for physical : A clear head. 

7. Metaphorical : Over head in debt. To make head against 
obstacles. 



2 See Anderson's "Study of English Words." 



Choice of Words 91 

Words, from some special and peculiar association, sometimes 
also acquire a meaning distinctly foreign to their ordinary sig- 
nification. For example, the term expert means one who is es- 
pecially well versed in any matter requiring a special training to 
qualify a person to understand or act intelligently in such matter. 
On account of the abuse of the term, and the wrongful acts of some 
parties claiming this title, the term is sometimes satirically used as a 
term of scorn or reproach. 

Most common words have numerous meanings which are 
often difficult to differentiate even when properly used. Frequently 
such meanings are unauthorized by good usage, and such use 
should be discouraged and discountenanced as it obscures the lan- 
guage and makes necessary an accurate definition of the special 
meaning in which it is to be understood in important papers. 

Take for example the following thirteen uses of the word 
rock and the difficulties attendant on its specific use in the limited 
sense as further discussed in Chapter XVII. It may have meanings 
in accordance with its various uses as follows : 

Geologically: Any mass of mineral matter, in its natural bed of 
which the earth's crust is composed, whether solid or fragmentary. 
Popular: i. A stone of any size, even a pebble. 

2. A mass of indurated stone, forming a promontory or cliff. 

3. Natural crystals or candy in crystalline form. 
Figurative: i. A foundation, support or refuge. 
2. A source of peril. 

Technical: i. Indurated formation of different degrees of hard- 
ness.^ 

2. A kind of soap. 

3. A kind of hard cheese. 

4. Ore (used among the Michigan copper mines).* 
Slang: i. Money or wealth. 

2. Rough, uncouth (feelings or appearance). 

Association: Rock fish — rock dove. 

The term "watershed" formerly meant only "the line of division 
between two adjacent drainage areas." As such a line defines the 
"drainage area" itself, the term has been gradually; applied to "the 
whole region which contributes to the supply of a river or lake," that i? 
to the drainage area, and this definition of "water shed" is now recog- 
nized as good usage. The term "catchment area" is also sometimes 



3 See also sees. 205, 206. 

^•A misleading and unwarranted use of the word. 



92 The Use of English 

used synonymously with ''drainage area." "Drainage area" or "catch- 
ment area" has only a single meaning and cannot be misunderstood. 
One of these should be used (in preference to the more indefinite 
term "watershed." "Drainage area," being the more common term is 
usually more appropriate when used for non-technical readers. 

The above examples will indicate something of the difficulties 
which will be encountered in conveying ideas without a carefuli 
study and discrimination in the use of words. No attempt to con- 
sider this subject in particular is possible in the limits of this 
chapter, but a warning of the difficulties to be encountered in the 
selection and use of words, terms and clauses should be sufficient 
to encourage the study in the lines suggested by means of the 
references given at the end of this chapter. 

As words are used to convey ideas, those words should be 
chosen which both accurately express the idea to be conveyed and 
are most familiar to those to whom the words are addressed. 

Most of the English words in constant daily use, and most intimately 
connected with the personal and familiar affairs of life, are of Saxon 
origin. They are understood more quickly and move the hearer 
more forcibly than similar words of Latin origin. Latin words, 
however, are more elaborate, more scholarly, and more exact. 
Words of Latin origin must be used by the technologist in the 
scientific discussion of technical subjects, on account of their 
greater exactness, and the suggestions associated with such scien- 
tific terms. The selection of words of Saxon or Latin origin for use 
in technical papers would therefore depend on the subject discussed, 
the object of the writer, and the technical education of the reader. 
In reports and papers intended to explain technical matters to the 
public, or to non-technical clients, Latin terms should be avoided! 
and simple Saxon words used so far as possible. When technical 
matters are presented to technical readers, the use of Latin terms 
is not only admissible but absolutely essential to clear exposition. 

Simplicity in understanding is not always assured by simplicity 
in language. The more exact terms are always preferable if the 
reader can easily comprehend their meaning. 

§ 51. The Precise Use of Words. — The habit of the careless use 
of words is unfortunately acquired by almost every person with his 
early use of language. In ordinary intercourse, the subject discussed 
is often so familiar and the conditions so well known to both parties to 
the conversation that the meaning of the language used is often quite 
obvious, even if the words used do not express the exact meaning which 



Precise Use of Words 93 

the speaker intends to convey. When, however, the subject is unfamil- 
iar, and the ideas to be conveyed are intricate or involved, the words 
must be used with precision or the meaning to be conveyed is obscured, 
distorted or entirely lost. Outside of the legal profession, there is no 
profession in which careful discrimination in the use of words is so im- 
portant as in the profession of engineering and the closely related pro- 
fession of architecture. The records of the courts are full of cases 
involving the interpretation of the meaning of words. In 1855 a case 
was taken into court on account of a contract in which the words 
"road" and "track" were indiscriminately used, A railroad was to be 
built between certain termini, according to certain specifications and 
at an agreed price per mile. The question at issue involved the deter- 
mination of whether the price was per mile of track, including main 
track, side tracks, etc., or per mile of roadbed. The latter interpreta- 
tion was applied, apparently for the reason that the contractor had ac- 
cepted monthly payments on that basis without any claim for side 
tracks and turnouts.^ 

Another legal discussion, which illustrates the necessity for pre- 
cise language in order that only a single interpretation may be possible, 
was handed down in a case that came up in the construction of the 
Northern Pacific Railroad.® The dispute arose over the amount of 
earth excavated from certain ditches and used in an embankment. 
The specifications apparently read approximately as follows :^ 

"Earth will be measured in excavation; but when earth is taken from 
borrow pits or ditches not easily measured, the earth may be measured in 
embankment, in which case an allowance of 10 per cent for shrinkage will 
be made." 

While at first reading this specification appears plain and without 
ambiguity, it is in reality capable of two interpretations, dependent 
upon whether the 10 per cent allowance for shrinkage is applied to the 
cut or fill. In the case in question, an embankment of 100,000 cubic 
yards of earth was made from two cuts that measured 60,000 cubic 
yards, and the remainder from ditches that were not measured. As 
earth work is commonly estimated to shrink 10 per cent, one cubic yard 
of cut would shrink to .9 cubic yard of fill. On this basis 100,000 
cubic yards of fill must have required 111,111 cubic yards of cut, and 
the amount due the contractor would be : 



5 See Wait, Engineering and Architectural Jurisprudence, sec. 601. 

6 See Wait, Engineering and Architectural Jurisprudence, sec. 601. 

7 Eng. News. Sup., Vol. 51, p. 129. 



94 The Use of English 

100,000 ^ .9 111,111 cu. yds. 

From cuts 60,000 cu. yds. 

From ditches 51,111 cu. yds. 

The contractor, however, estimated the amount due him on the 
basis that the shrinkage allowance applied to the fill, his computation 
being as follows : 

110 per cent x 100,000 110,000 cu. yds. 

From cuts 60,000 cu. yds. 

From ditches 50,000 cu. yds. 

The engineer and the company, on the other hand, while differ- 
ing between themselves, entirely misinterpreted the basis on which the 
shrinkage should be measured, and computed the yardage as follows : 
The engineer's computation: 

Total yardage 100,000 cu. yds. 

From cuts 60,000 cu. yds. 

90%) 40,000 

From ditches 44,444 cu. yds. 

The company's computation: 

Total yardage 100,000 cu. yds. 

From cuts 60,000 cu. yds. 

40,000 
110% 

From ditches 44,000 cu. yds. 

The lower court sustained the estimate of the company, which, re- 
gardless of the interpretation of the shrinkage percentage, was the 
farthest from the truth. 

The illustration shows not only the necessity of the careful use of 
words, but illustrates the further fact that engineers are liable to errors 
in their findings, and sometimes fail to understand the basic principle 
that underlies their problem, and that courts must be furnished with 
carefully prepared expert testimony if they are to reach substantial 
justice In their findings. If this specification had been so written that 
there was only one possible way of Interpretation, there would have 
been no legal proceedings, for only one method of computation would 
have been possible. See Sec. 209. 

§ 52. Punctuation and the Arrangement of Words in a Sen- 
tence. — It is obvious that the meaning of an expression or sentence 
Is largely controlled by the arrangement of words and by the emphasis 
that is given in their oral expression. In writing, the emphasis to be 



Punctuation and Arrangement 95 

observed must be implied by the arrangement or indicated by punctu- 
ation. An accurate understanding of the meaning of the language 
used can therefore be assured only by care in the selection of words and 
in their arrangement or by punctuation or both. There is perhaps a 
tendency at the present time to eliminate all punctuation that is not 
essential to determine the meaning of a sentence, and in many cases 
with the proper arrangement of words the meaning will remain clear 
without punctuation. This tendency often results in the omission of 
punctuation where it is needed to give the meaning which it is desired 
to convey. When punctuation is omitted, though needed in order to 
assure the proper meaning of the sentence, it must be assumed by the 
reader and may consequently be improperly assumed. A recent head- 
ing of a newspaper article appeared without punctuation as follows : 

"Indiana permits pure food only at fairs." 

In this sentence the meaning must be supplied by an assumption 
tii the punctuation and will be quite different if the comma is applied 
after or before the word "only." 

"Indiana permits pure food only, at fairs." 

"Indiana permits pure food, only at fairs." 

The true meaning without punctuation would be assured by the 
better arrangement of the words : 

"Indiana permits only pure food at fairs." 

Only a proper arrangement of the words or proper punctuation 
will make clear the meaning of this sentence. 

In many cases the meaning of a sentence will be entirely changed 
by the change in punctuation or by its assumption in an unpunctuated 
sentence, as for example : 

"Woman, without her, man would be a savage." 
"Woman without her man, would be a savage." 

A rearrangement and slight change in the wording would in this 
case assure an accurate understanding of the meaning to be conveyed 
without punctuation, as for example : 

"Man would be a savage without woman," .or 
"Man without woman would be a savage." 

It is not our purpose to discuss the principles of punctuation or its 
customary use, but only to call attention to the necessity of correct ap- 
plication, the confusion resulting from its improper use, and the uncer- 
tainties resulting from its omission. 

§ 53. The Vocabulary. — It is important that the engineer 
should acquire a technical vocabulary and a knowledge of the ver- 
nacular of the business in which he is employed or with which 
he may be associated. Otherwise he will not be able to under- 
stand, give instructions, or furnish explanation of technical or trade 



96 The Use of English 

details. Such informaticn is also necessary in the preparation of 
specifications and techn.cal reports and papers for technical read- 
ers. Scientific and technical terms and the familiar and special 
trade terms and trade vernacular simplify explanations covering 
materials, operation and details of construction, and are absolutely 
necessary for reasonable facility in business transactions. Mr. John 
C. Wait, a prominent engineering attorney of New York City, in 
a paper on the subject of engineering vernacular, gives the follow- 
ing notes taken by one of his assistants, concerning certain con- 
ditions on which the contractor on the work desired advice. 
In the first case, a bridge contractor stated that : 

"(A traveler was on the lower cord of the approach span of the Williams- 
burg Bridge and was sustained by four guys. Each guy was held fast by 
two dogs, after passing through an opening in the tail piece. Tony, an 
Italian, had just been sent out and had given two of the dogs a fresh bite 
on the longest guy, when they let loose, one of the guys slipped, and the 
traveler tipped over and threw the counter-weights into the air and they 
went down on the street below and killed a man." 

The contractor wanted to know if he was liable. 
In the second case, a mason contractor stated : 
"He haa been employed to remodel a masonry dam and a Flemish bond 
was first required of him, but the engineer wanted a better bond and insisted 
on having greater security. The engineer insisted that the stretchers should 
be bonded by an overlap of the bed by not less than fifteen inches, and that 
every alternate course of the dam should be tied with a header. He also 
required the length of each stretcher to be three times the rise, and the 
depth of the header in the backing equal to three times the rise, that the 
rock face of the remodeled dam should be draft-lined, the molded face should 
be 6-cut, the base pean hammered and the water-table the run of the quarry; 
the arch rings were to be bush-hammered, close jointed and grouted, all to 
be battered and broken ashlar; that the overflow should be in 12-inch risers 
and treads, and the steps rough-cut, all interior spaces to be thoroughly 
grouted with neat cement." 

The contractor desired to know if he had any redress. 

It is doubtful whether many young engineering graduates would 
understand the conditions outlined much better than did the young 
lawyer in Mr. Wait's office, yet the conditions are quite clearly 
defined if the terms used are understood. 

The best method of acquiring a technica>l vocabulary is ^he 
direct study of the words and terms used in any special vocation 
or business when such information is accessible. The reading of 
the various technical papers and the proceedings of the various 
societies which cover or include the special subject in which infor- 
mation is desired will often furnish valuable additions to the vo- 
cabulary. The use of standard dictionaries is of little value in this 



Literature S*? 

study as the definitions given are too general. Some valuable work 
is being done by various technical societies in the definition of tech- 
nical terms and the establishment of uniform practice and this 
work should be closely followed. 

LITERATURE 

The Theory and Practice of Technical Writing. S. C. Earle. The Macmil- 

lan Co. 
Handbook of English for Engineers. W. O. Sypherd. Scott, Foresman & 

Co. 
A Guide to Technical Writing. T. A. Rickard. Mining and Scientific Press 
Technical Writing. T. A. Reckard, John Wiley & Sons, Inc. New York. 
English and Engineering. Frank Aydelotte. McGraw-Hill Book Co., New 

York. 
Composition of Technical Papers. H. A. Watt. McGraw-Hill Book Co., 

New York. 
A Manual for Writers. J. M. Manly and J. A. Powell. University of Chi- 
cago Press, Chicago. 
Language for Men of Affairs. Vol. I, How to Talk, J. M. Clapp. Vol. II, 

Business Writing, J. M. Lee. The Ronald Press Co., New York. 
Vovational English. W. R. Bowlin and G. L. Marsh. Scott, Foresman & 

Co., New York. 
Handbook of Business English. G. B. Hotchkiss and E. J. Kilduff. New 

York University Book Store, New York. 
Handbook of Style. In use at the Riverside Press, Cambridge, Mass. 

Houghton Mifflin Co., New York. 
Note-Taking. S. S. Seward, Jr. Allyn & BaCon. 
The Art of Writing and Speaking the English Language. (6 small vols.) 

Sherwin Cody. 
Effective Business Letters. A. H. Gardner. The Ronald Press Co. 
Putnam's Correspondence Handbook. Eleanore Banks. G. P. Putnam's Sons. 
Conservation of English Speech. J. F. Ferrald. Funk & Wagnalls Co. 
Handbook of Composition. E. C. Mollet. D. C. Heath & Co. 
The Correct Word. J. T. Baker. Correct English Pub. Co. 
Errors in English. F. H. Vizetelly. Funk & Wagnalls Co. 
The Essentials of Composition and Rhetoric. A. H. Espenshade. D. C. 

Heath Co. 
A Study of English Words. J. M. Anderson. Am. Book Co. 
Expository Writing. M. G. Fulton. The Macmillan Co. 
Elements of English Composition. Gardner, Kittredge and Arnold. Ginn 

& Co. 
English Composition. Barrett Wendell. Chas. Scribner's Sons. 
Essentials of Exposition and Argument. W. F. Foster. Houghton, Mifflin Co. 
English Prose Composition. Edward Fulton. Henry Holt & Co. 
Words and Their Uses. R. G. White. Houghton, Mifflin Co. 
Every-Day English. R. G. White. Houghton, Mifflin Co. 
Soule's Dictionary of English Synonyms. G. H. Howison. Little Brown & 
Co. 



98 The Use of English 

EJnglish Synonyms, Antonyms and Prepositions. J. C. Ferrald. Punk & 

Wagnalls Co. 
Crabb's English Synonyms. George Crabb. Harper & Brothers. 
Standard Thesaurus of English Words and Phrases. C. V. S. Mawson. The 

Kelmscott Society. 
Putnam's Word Book. L. A. Fleming. G. P. Putnam's Sons. 
Faults of Technical Literature, by R. Fleming. Eng. News, Vol, 74, 

p. 548. 

The Authors Part in the Technic of Book Making. Editorial, Eng. News 
Supplement, July 13, 1905. 

Engineering English, piscusses desirability of training technical stu- 
dents in use of English. Harry R. O'Brien. Eng. News, Vol. 70, p. 914. 

New Standards in Engineering Literature. Discussion of needs for 
greater care in preparation of published matter. Staff Article, Eng. News, 
Vol. 56, p. 688. 

The Making of Literature for Engineers. Discusses necessity for tech- 
nical literature and the standards of journalism. Charles Whiting Baker. 
Eng. News Supplement, Apr. 16, 1908. 

English Language and the Engineering Student. Eng. News Sup. July 16, 
1903. 

Literary Style in Technical Writings. Discussion of desirability of pre- 
senting technical subjects in a readable manner. Editorial, Eng. News Sup- 
plement, Sept. 15, 1910. 

Precision in the use of Words. Editorial, Eng. News Supplement, Dec. 3, 
1903. 



CHAPTER VI 

LETTERS AND REPORTS 

§ 54. Importance of Properly Written Letters. — Usually the 
first introduction of the engineer or architect to those from whom he de- 
sires employment comes through the spoken or written word, and a 
clear and concise statement of his claims to employment, of his educa- 
tion and previous experience, presented in proper form, is an impor- 
tant element in securing the position he desires. A letter poorly writ- 
ten, poorly worded, mispelled, ungrammatical, improperly punctuated 
and illogically arranged, marks the writer as careless and more or less 
ignorant and is an unfortunate introduction. 

Personality in a personal application may to some extent overcome 
ungrammatical and incorrect language, and at least the spoken word 
leaves no lasting record behind ; but a poorly written letter may pass 
from hand to hand and may leave an enduring record of incompetency. 

In later business and professional life, the art of letter writing is 
of no less importance. The impression conveyed by a clear, concise 
and properly arranged letter is of great advantage, and business trans- 
actions are greatly facilitated by such letters. Much time is often lost 
through careless letter writing where the failure plainly to state the 
facts which it is desired to communicate, necessitates a request for ex- 
planation or further information. 

§ 55. Business Letters. — In the writing of business letters, 
certain more or less formal methods of arrangement have been gener- 
ally adopted and the use of such arrangement is desirable as showing 
the familiarity of the writer with good usage. The principal require- 
ments for the proper preparation of a business letter are as follows : 

Heading. — The address in the heading should always be suffi- 
ciently complete for postal purposes. If a street and house number 
are necessary, they should precede the name of the city, but the date 
should come afterward and not before. It is desirable to use the name, 
not the number of the month ; the number of the day of the month, and 
the complete number for the year. The day of the month and house 
number should be Arabic numerals, but street numbers if less than one 
hundred are usually spelled out. 

Abbreviations. — While for formal letters it is perhaps more digni- 
fied to avoid abbreviations in both the heading and salutation of the 



100 Letters and Reports 

letter and in addressing the envelope, it is both permissible and desir- 
able to use such abbreviations in business letters for the name of the 
months and of the states. 

Address. — The salutation address may omit the street and house 
number, but the name of the city and state should always be included 
in formal letters and the title "Mr.," "Messrs.," etc., should always be 
used as a matter of courtesy. 

Salufafion.— Use the form "Dear Sir," not "My Dear Mr. ," 

unless you are quite intimately acquainted with the party to whom the 
letter is written. In official communications and letters to Govern- 
ment officials, use the still more formal "Sir." 

Subject Heading. — The use of a subject heading in all business let- 
ters is very desirable. Its use in applications for employment is ad- 
vised as it gives the idea of familiarity with business methods. It 
should be placed at the right and just above the body of the letter, as 
follows : "Application for Employment." For examples of the proper 
form of business letters see Section 59. 

§ 56. Suggestions Concerning Letters of Application for Em- 
ployment. — Great care should be used in writing letters of applica- 
cation for employment. The handwriting shows character and is often 
required in applications for positions. For this reason such letters 
should be written, not typewritten, unless unfortunately the handwrit- 
ing is so poor as to make such a form of application hopeless. 

It should be borne in mind that the prospective employer probably 
has no knowledge of the applicant other than that afforded by the let- 
ter. The success of the applicant will depend upon his creating a fa- 
vorable impression and to this end neatness, proper form, good gram- 
mer, correct spelling, definiteness of expression and good composition 
are highly important. The qualifications of the applicant should be 
presented fully, clearly, concisely and logically. 

The paper used should be of commercial note size, and of good 
quality. Scrap paper or paper punched or specially ruled for tech- 
nical work, is unsuitable. The writing should not be crowded and 
should be properly centered on the sheet. 

The young engineer, especially when just graduated, should 
not be too ambitious in his application for work and should not 
limit too closely the character of work for which he applies. Un- 
less he has had considerable experience, he should not apply for a 
position as a "civil engineer," "electrical engineer," etc., but for a 
"position" or a "position as assistant." He may give an idea of 
the work which most interests him, but should express his willing- 



Application for Employment 101 

iiess to accept any reasonable position as he is seldom qualified or 
in position to command any important place on an engineering 

staff. 

When the young engineer has done previous work, his former 
salary may be mentioned, but otherwise the matter of salary should 
be left to a later communication. He should not give the idea that 
the question of salary is first in his mind. 

§ 57. Important Suggestions. — Economy and efficiency in the 
use of language are essential in letter writing as in other engineering 
writing. After writing a sentence : 

(i) See how many words can be omitted or changed, leaving 
the meaning clearer and stronger. 

(2) See how the same idea can be expressed in better and 
clearer terms. 

Do not write : 

*'I wish herewith to enter my application for" 

"I hereby wish to make application for" 

"Allow me, respectfully, to offer myself as an applicant for" 

"I would like to enter an application for" 

"I wish to take this means of applying to you for" 

Instead of the above write : 

**I respectfully apply for" 

Statements should not be too blunt. It is unnecessary to 
write : "I have not had any practical experience." Write prefer- 
ably : ''My knowledge and experience are limited to my work at the 
university." 

References. — Avoid, "For references I suggest the following" or 
"Please refer to the following :" Use instead "I respectfully refer you 

to ." Reference to a school college or university is improper. 

Refer to some particular teacher, professor or official of such institution. 
Reference to a bank is proper for financial standing. For personal 
standing, the name and position of an official should be given. 

In personal applications for work, open letters of recommendation 
are of little weight. They are, of course, favorable or they would not 
have been written or presented. The employer usually prefers a per- 
sonal and private letter addressed to himself from some one of standing 
or reputation. He has probably written too many general open letters 
of recommendation himself to have much confidence in them. Most po- 
sitions are secured by personal applications, and too much must not be 
expected from general letters of application although they frequently 
result in uncovering vacancies for which personal aT^p'^*'\i^'o!": r^ o'lld 
usually be made. 



102 Letters and Reports 

Finally. — The letter should be reread after it has been written to 
see that no essential word or words have been omitted or misspelled 
and to see that it is signed. Omitted words and especially an omitted 
signature, show carelessness that is not a good recommendation for a 
position. 

Further details of the general subject of letter writing are given in 
the following discussions. 

§ 58. The Employer's Viewpoint. — Mr. C. A. Bock, Secretary 
of the Morgan Engineering Company, as a result of an examination of 
over 3,000 letters of application, embodied his views in a letter that is 
so pertinent that it is here abstracted at considerable length. (See Eng. 
News, Vol. 76, p. 258.) 

"In the applications from college graduates common faults are poor 
spelling, careless handwriting, lack of definiteness, poor composition and a 
generally slovenly appearance. While it is not to be expected that a young 
and inexperienced man will turn out a faultless composition, it is assumed 
that if he has potential ability he will not exhibit gross carelessness in a let- 
ter of this kind. The habit of error and carelessness is particularly dis- 
qualifying for engineering work and will not be tolerated by competent engi- 
neers. 

"The applicant's greatest difficulty probably arises from his inability to 
appreciate the employer's view point. He should remember that all the em- 
ployer has to judge from is just what he sees in the letter. If he sees poor 
writing, spelling and diction, lack of definite information or meager informa- 
tion, presented in a disorderly manner, it is but reasonable to expect that he 
will form an indifferent opinion of the writer's ability. It is usually desired 
that the first letter give full information as to the applicant's qualifications. 
While often a number of letters may be exchanged before the man is engaged, 
the first letter makes the greatest impression. 

"The applicant must ask himself just what are the things that the em- 
ployer would want to know about the man he wishes to employ. He must 
analyze the requirements of the opening he wishes to fill and then set forth 
his qualifications logically, in the order of their importance. This does not 
mean that qualifications should be manufactured to meet the requirements, 
nor that he should unduly enlarge upon his previous experience. Such ex- 
pedients generally are very easily detected and reflect little credit on the man 
who resorts to them. ^ 

"The letter should be concise and come to the essentials without prelude, 
but must not be brief to the point of sacrificing pertinent information. A 
common mistake is that of devoting a long paragraph to stating that "I real- 
ize that a large number of applications will doubtless be received and that it 
will require a great deal of your time to read through them all, and it will 
probably be very difllcult to decide," etc. Simple, direct statements, neatly 
written in well-balanced sentences, will nearly always make a favorable im- 
pression, and much can be accomplished by logical paragraphing. 



Application for Employment 103 

"A very short letter is not likely to accomplish much for the writer unless 
he is already personally known. Single-sentence letters or brief inquiries 
asking detailed information concerning the vacancy and telling nothing of 
the writer's qualifications at once give the impression that he would be more 
interested in personal advantages than in serving his employer and that he 
is not over-anxious to secure the position. 

* * * "Many capable and deserving men, do not realize the bearing that 
the writing of an application may have upon their prospects. Men of indif- 
ferent ability frequently secure positions simply through a favorable presen- 
tation of their supposed fitness, and it is often the case, especially with 
younger men, that the one who makes the neatest and best presentation of 
his qualifications secures the position rather than the one who has greater 
ability, but lacks the faculty of presenting his qualifications. 

In replying to an advertisement or to a letter, any requests for certain 
items of information should be fully complied with. A point illustrating this 
requirement which has repeatedly come to the writer's observation is the fact 
the draftsmen, when asked for a small sample of their lettering, seem to 
think it necessary to submit several large bulky drawings * * * instead 
of submitting a smaller sheet that would easily contain a fair sample of their 
work." * * * 

Commenting on this letter the Engineering News states editori- 
ally: 

* * * "Mr. Bock's suggestions, are likely to be found useful, not only 
by the large crop of June graduates of the present year, whom he mentions 
in his opening paragraph, but by many engineers of experience and high 
standing. 

"It occurs to us, in this connection, to add to those given by Mr. Bock, 
another useful hint that we happen to know has been found helpful by many 
engineers inexperienced in going about the task of seeking a position. Our 
suggestion is that the engineer who is seeking a position should prepare a 
letter setting forth in fairly complete form just what his professional ex- 
perience has been, including in this, of course, a statement as to his educa- 
tion and personal characteristics, such as a prospective employer would de- 
sire to have. A list of references, stating in connection with each reference 
just what particular part of the applicant's experience or characteristics it 
treats of, should also accompany the letter. 

"This otatement should be neatly typewritten on good paper of standard 
letter size, and a copy can then be inclosed with any letter of application or 
reply to an advertisement. In this way the letter of application itself can be 
made brief and businesslike, and can emphasize any special fitness which the 
writer may think he possesses for filling the particular position to which the 
letter relates. At the same time the employer is given all the facts con- 
cerning the applicant that he is likely to need, in a form where they are 
readily filed for examination." * * * * 

See Eng. News Vol. 76, p. 275. 

§ 59. Examples of Letters of Application for Positions. — As 

examples of letters of application which are fairly satisfactory, several 
actual letters are here given in a slightly modified form. 



104 Letters and Reports 

Example A 

1312 South Street, 
New York, February 8, 1914. 
Mr. X. Y. Z., Consulting Engineer, 

213 State St., 

Buffalo, N. Y. 
Dear Sir: 

I am writing to request the favor of an interview with you at your con- 
venience with the view of securing a position in hydraulic work. 

I am a graduate of College, and also of the Civil Engineering De- 
partment of the University of . 

For a year I was assistant to the Chief Engineer, Mr. , of the 

Water Companj^ and later Civil and Hydraulic Engineer for Mr. , Con- 
sulting Engineer, . I made the preliminary surveys, gagings, etc., and 

in the office prepared the structural and hydraulic designs for the hydro-elec- 
tric plant at , in addition to other miscellaneous technical work. 

For the last two years I have been gaining experience in construction as 

Superintendent for and Company, Architects, of . I now desire 

to return to more strictly engineering work, and am particularly interested in 
hydraulic work. 

I respectfully refer you to the above named firms. 

It occurs to me that if I cannot be of service to you in your own practice 
you may know of other engineers or firms who need assistants to whom you 
would kindly refer me. 

Very respectfully yours. 



Example B 

Green Bay, Wis. 

March 13, 1915. 
Mr. X. Y. Z., Consulting Engineer, 

Milwaukee, Wisconsin. 
Dear Sir: 

Your name has been given by Mr. W. A. of the Construction 

Company of , as being connected with the design and construction of 

hydro-electric work. 

At the present time I am looking for an opening in the engineering de- 
partment on some hydro-electric or irrigation project. 

I am years old and an Associate member of the American Society 

of Civil Engineers. 

From 1905-1910 I was employed by the on their irrigation project 

in the State of . While there I was Division Engineer in charge of 

location and construction of main canals and distributing sj'stem, location of 
pumping plants and small power sites, earth dams, topographical, hydro- 
graphical and concrete work. 

In July 1910 I was employed by of New York on their irri- 
gation project in the State of as Construction Engineer on their res- 
ervoir, earth dam and concrete work, and in November of that year was 
appointed Chief Engineer of the project, which position I continued to hold 
until its completion in 1912. This work consisted of a rock fill dam and con- 



Application for Employment 105 

Crete diversion works, fifteen miles of main canal and ninety miles of distrib- 
uting laterals, nearly two miles of steel fluming, concrete headgates and 
syphons, and two miles continuous wooden stave pipe syphon. 

I respectfully refer you to: 

Mr. A. J. , Consulting Engineer, , . 

Mr. lA. E. , State Engineer of , . 



Mr. D, C. , General Manager of the of , 

Mr. 'P. S. A. , formerly Chief Engineer of the now at 

— , and 



Mr. , Treasurer of the Irrigation Company, 30 Street, 

New York. 

If you have any opening along these lines that you can offer, I shall be 
glad to advise you further or to arrange for an interview. 

Yours very respectfully, 

(Signed) 

Example C 

463 Ferrell Avenue, 

Des Moines, Iowa. 

Messrs. and , ' March 16, 1916. 

462 State Street, 

Chicago, Illinois. 
Gentlemen : 

I respectfully submit to you my application as engineer on your staff. 
My experience has been as follows: 

1885-90 Machine apprentice in the shops of — : Company, builders of 

steam pumps and hydraulic machinery, 

1890-92 Erecting pumps and hydraulic machinery for Company. 

1892-94 Designing and drafting room Company. 

1894-95 Machinist in shops of IXL Company, SPW Company and Z Company 
to expand my experience in machine work. 

1895-99 University of , mechanical engineering course, graduating in 

June, 1899. 

1899-08 With the W. X. Water Power Company and the Q Hydro Electric 
Company, building and installing hydraulic machinery in their 
various plants. 

1908 to the present time, supervising the installation of hydro electric ma- 
chinery in various plants for the C. A. Company. 
I am leaving the C. A. Company at the present time on account of their 
reduction in the force due to cessation of hydro electric work. I would 
respectfully refer you to their President, Mr. H. W., and to their Chief En- 
gineer, Mr. C. K. 

Hoping that I may hear favorably from you in this matter, I remain 

Yours very truly. 



106 Letters and Reports 

TECHNICAL REPORTS 

§ 60. The Importance of Good Reports. — Few technical men 
have ever reached more than subordinate positions without the ability 
to prepare a fair technical report. This is the most common form of 
technical writing and, excepting contracts and specifications, the form 
most important to the engineer. There is no writing on which his suc- 
cess so largely depends as on the preparation of neat, clear, logical, con- 
cise and complete reports. 

The advancement of that engineer is assured who can clearly 
comprehend the conditions of a problem and the factors which modify 
and control its solution, and who can transfer his ideas and conception 
of those factors and conditions and the logical conclusions to be 
drawn from the same, to his superior or to his client in a clear and ex- 
plicit manner so that every fact and condition becomes plain, every 
controlling circumstance becomes apparent, and every conclusion be- 
comes obvious. The engineer should give special attention and spe- 
cial study to the principles and preparation of reports on account of 
the undoubted influence of this work on his future. 

§ 61. The Purpose of Reports. — A report is an oral or wTitten 
statement of principles, facts or conditions made to show the necessity 
or lack of necessity for any usual or unusual course of action. The 
function of the report is to point out plainly, so that those for whom 
the report is prepared can understand, the facts and conditions neces- 
sary to be known in order that suitable action can be taken. 

Reports may cover any part of the technical field and in any general 
treatment of the subject it is impossible to more than impress the fact 
that most of the requirements for technical writing and for the writing 
of specifications discussed in Chapters V and XV need to be especially 
emphasized when applied to the preparation of written reports. Dif- 
ferent reports will require very different methods of treatment. They 
are usually designed to be specific and confined between very definite 
lines, although the field covered mav in some cases be verv broad. 

It is always desirable that the instructions on which a report is to 
be based should be in writing and should specifically define its desired 
extent and limitations, otherwise the point of view from which the re- 
port is to be made or the extent of the investigations necessary for its 
purpose may not be understood and the report may be unsatisfactory, 
incomplete or involve unnecessary time and expense. 

Like all other technical writing, to be of value a report must be 
based on a thcrough knowledge of the subject, and such knowledge 



Technical Reports 107 

must be specifically detailed and complete on account of the specific 
character of the report. An equally important condition is clearness. 
The findings and conclusions must be manifest and beyond question to 
the minds of the reader who may or may not have technical knowledge. 
If the report cannot be undersood by the man for whom it is prepared, 
it is useless or worse for it may, if misinterpreted, be misleading and 
add to the confusion instead of clearing up uncertainties, which is its 
main object. 

§ 62. Preliminary Consideration. — Before an investigation is 
undertaken a thorough consideration should be given to the instruc- 
tions which outline the purpose of the report, and to the various factors 
which must be the basis of the desired report. It is desirable to out- 
line the various conditions and pertinent data which would in any man- 
ner affect the project, and which should therefore be investigated or se- 
cured in order that a clear understanding may be obtained and logical 
conclusions reached and demonstrated. In this way the opportunities 
for error resulting from overlooking essential elements in the problem 
will be largely obviated. As has already been indicated, many subjects 
quite foreign to the technical side of the question will frequently have an 
important bearing on correct conclusions, and failure to give such sub- 
jects due consideration is the cause of many unsatisfactory and errone- 
ous reports. 

There is always danger that the expert may become interested in 
the particular subject of his specialty and lose sight of the fact that 
there are other subjects of equal or perhaps greater importance to 
which his attention should also be directed. In contemplating some 
form of engineering or architectural construction, the technical man is 
largely interested in ways and means. His client is only interested in 
results. While the client may desire to know the details by which the 
results are to be attained, his principal interest lies in the answers to 
the questions : "How much will it cost ?" "When can it be completed ?" 
"Will it accomplish its purpose?" If these questions can be answered 
satisfactorily, he is willing to leave all technical details to his profes- 
sional advisers. 

§ 63. Ethical Considerations. — In reporting on designs, struc- 
tures of projects of other engineers, captious criticism should be 
avoided. A report is not the place to show the superior knowledge or 
ability of the writer needlessly or to attempt to win over the clients 
of other engineers. If results can be accomplished safely and economi- 
cally by the method proposed, even though in the opinion of the re- 
porter a better design might be possible, it is generally undesirable to 



108 Letters and Reports 

advise unessential or radical changes which will result in no material 
betterments. 

The engineer may be called to report on some single phase of a 
project such as its safety, or on some particular part or equipment on 
which he is supposed to be particularly well informed. In such cases 
he should avoid interference with other phases of the work on which 
his opinion is not requested. There may be exceptions to this state- 
ment should the examination develop the existence of radical errors 
which may endanger the structure or the life or property of others or 
should the reporter become aware of gross fraud or dishonesty. He 
may under such conditions owe it to the public to take such action as 
will prevent such danger or the accomplishment of such fraud. This is 
a condition which requires the greatest tact in its treatment and 
should in general be handled without publicity, an appeal first being 
made to those who are directly interested to take such action as will 
prevent the serious results of the proposed construction or transaction. 
Such appeal may be enforced by a decision to publish the facts if they 
are not equitably adjusted. It is perhaps needless to say that such a 
stand should be taken only when the conditions are such as to warrant 
such radical action. 

§ 64. Investigations and Estimates. — Proper reports must be 
based on a suitable investigation of the subject, and this must be made 
as complete as the purpose of the report will warrant. Nothing that 
can be determined must be assumed, and the reporter must use the 
greatest of care to make sure that the ideas and opinions which result 
from his investigation are not colored by his personal bias (see Sec. 12). 
When reports are of a preliminary nature, the extent of the inves- 
tigation must be limited but the essential facts and conditions should be 
properly determined and due allowance must be made for all uncer- 
tainties (see Sec. 244). 

Reports will frequently require estimates of the cost of construc- 
tion or of development and possibly of fixed charges, operating ex- 
penses and cost of maintenance as well as an estimate of probable in- 
come. Such estimates require careful consideration and much fore- 
thought. They must, in a preliminary report, be based on incomplete 
data. Contingencies of various kinds will surely arise and must be 
sufficiently foreseen and provided for by conservative estimates (see 
Sec. 252). 

A thing that is worth doing at all is worth doing well, and this prin- 
ciple is especially true in making reports. A cursory examination or a 
failure to give the matter under consideration careful and complete in- 
vestigation, with resulting conclusions based on insufficient or incom- 



Successful Reports 109 

plete data, will most likely be misleading and may result in overlooking 
serious contingencies or favorable facts and conditions. Such a report 
may lead either to expensive investments that will be found entirely 
unwarranted when a thorough examination is made or in the condem- 
nation of a worthy project. Every report should be so thorough and 
complete that the accuracy of the conclusions will be assured. 

§ 65. Elements of Successful Reports. — Most reports depend 
for their value on accuracy of observation and correct deductions. 
They often require great technical knowledge and skill and frequently a 
wide practical experience. There are usually certain very definite facts 
or conclusions which are the essential features around which all other 
facts and deductions should be centered and to which they are subor- 
dinate. Special effort should therefore be exercised to bring out and 
accentuate these important ideas and to facilitate the appreciation of 
their bearing and importance. Clear, explicit and exact statements are 
of special importance. Proper arrangement will not. only save much 
time to the reader but will emphasize the importance of the main ideas 
and the relation of the subordinate factors. When it becomes desirable 
to recite all the facts and conditions in great detail, the essential mat- 
ters pertinent to the immediate purpose of the report should be em- 
phasized so that their importance can be distinguished and the logical 
conclusions made manifest. 

The technical report is often the pioneer report on the sub- 
ject; later the legal and other aspects must be examined and passed 
upon by specialists in each line, but in its preliminary stages, the en- 
gineer must frequently look into each phase, and if his report is to 
bear expert scrutiny it must be based on a broad understanding of 
many things. 

In the preparation of reports on technical projects, the engineer 
needs more than technical training. In such projects, questions of law, 
business, transportation, market conditions, manufacturing, agricul- 
ture, politics, economics, finance and many other factors may be of 
even greater importance than the technical factors involved. 

Every engineer who is called upon to report on the feasibihty of a 
project must duly consider not only the technical problems involved 
but also all other aspects, for the practical and economical success de- 
pends on its feasibility from every point of view. The project is not 
a success simply because it is well and economically designed and 
properly constructed, but it must also be successful from commercial 
and financial standpoints. 



110 Letters and Reports 

Numerous projects in water power, irrigation, drainage, manu- 
facturing, etc., have resulted in failures because some necessary phase 
has been overlooked and remained unconsidered. 

A report may be complete, it may be technically correct, it may re- 
cite all the facts and discuss all conditions and details, and yet it may be 
a practical failure if it does not recognize the human side of the prob- 
lem and differentiate the essential details in such a manner that the 
every day business man, the director, the banker or the citizen may ap- 
preciate the essential facts and the logical solution of the problem. 

A scientific statement of fact or principle may be satisfactory if 
the report is made to a technical superior but it may be meaningless if 
made to a layman. It is the business of the engineer to translate the 
scientific statement into such language that its practical significance can 
be fully understood by the reader with the degree of knowledge and un- 
derstanding that he possesses. It is seldom necessary to demonstrate 
the principle or prove the fact ; these will be assumed as correct on the 
basis of the technical knowledge, experience and reputation of the re- 
porter, but their bearing on the issue involved must be so stated as to 
be readily comprehended. 

It is often essential that the report should include all of the data on 
which discussions are based. These data and their bearings on the proj- 
ect discussed and the reasons for the opinion expressed should be clearly 
set forth. In a well drawn report the engineer can usually so illustrate 
and describe the conditions by which a project is modified and con- 
trolled, that any good business man will understand the basis on which 
the opinion rests, and the degree of probability of any departure from 
the expected results. While a similar comprehension by nontechnical 
readers is not to be expected in regard to the technical details, an un- 
derstanding of the general considerations on which the feasibility of 
the project depends can be secured. If a report can not be so drawn 
it is usually due either to insufficient data or to the fact that the en- 
gineer himself does not fully understand and appreciate the logic of 
the situation. 

For simplifying scientific facts, principles and data, graphical dia- 
grams are of great importance. They give a significance to figures and 
data which is not otherwise apparent. 

The report should usually be accompanied by such maps, draw- 
ings and sketches as may be necessary with the data furnished, to 
illustrate clearly the conditions and show conclusively that the condi- 
tions are such as the report sets forth. 



Literature 111 

In most cases facts and data should be given in such a manner 
that the report may be checked up by others who are informed on the 
subject and the conclusions given in the report should be such as will 
be demonstrated clearly by the facts in the case and the available data. 
Reports should never consist of general conclusions or mere opinions 
but should be the logical outcome of facts, conditions and data. 

In general it is essential that the report itself should be clear, con- 
cise and definite in its statements and recommendations. Any elabo- 
rate discussions of voluminous data should usually be contained in the 
appendix to which the main report should refer for confirmation of its 
facts and recommendations. Even under such conditions it is well to 
summarize the conclusions and such a summary may be introduced in 
the closure of the report or may sometimes be included to advantage in 
a short letter of transmittal, which may be used as an introduction to 
the more extended treatment in the report. 

LITERATURE 

Effective Business Letters. A. H. Gardner. The Ronald Press Co. 

Putnam's Correspondence Handbook. Eleanore Banks. G. P. Putnam's 
Sons. 

The Applicant's DiflEiculties, by R. Fleming. Eng. News, Vol. 75, p. 1085. 

Experience with Applications for Employment, by C. A. Bock. Eng. 
News, Vol. 76, p. 258. 

Hints on Applying for a Job by Letter, by R. T. Brown. Eng. News, 
Vol. 83, p. 770. 

Water Power Engineering. Chapter 24, The Consideration of Water Power 
Projects, by Daniel W. Mead, McGraw Hill Book Co. 

The Preparation of Engineering Reports. Notes on the requirements of a 
report. Edward B. Stephenson. Eng. News, Vol. 70, p. 1219. 



CHAPTER VII 
ORIGIN, NATURE AND DEVELOPMENT OF LAW 

§ 66. Origin of the Present Civilization. — The present state of 
mental and material development of the nations of the earth is the re- 
sult of influences many of which may be traced back to the dawn of 
history. Men and nations, and their laws, customs and relations are 
not alone what modern civilization has produced but have been created 
by influences which have been acting from the most remote times. 
The heritage of today, the social, political and religious institutions are 
due to many people and to other nations, many of which have long 
ceased to exist but which nevertheless have left an indelible impression 
on present social, political, mental and moral development, and on the 
thoughts, acts and daily lives of present generations. 

Those who read Draper's Intellectual Development of Europe, or 
White's Warfare of Science and Theology, will find these influences 
pointed out as they have affected certain lines of modern thought, and 
will realize that advancement in all lines is the result of many influences 
which have modified old ideas and old relations and have been largely 
instrumental in creating the present conditions which now obtain in 
every country. 

§ 67. Law an Evolution. — It will be found that the laws of to- 
day which guard our rights and privileges and limit and control our ac- 
tions, were not created entirely new for the particular needs of the 
present time, but have descended from the past, changed and modified 
as necessities have demanded but still having their root, their origin and 
foundation in the past. 

The term "law" is familiar in numerous applications, having al- 
ways, however, a somewhat similar signification. Technical students 
are perhaps most familiar with "natural laws" on which the sciences 
are based. A knowledge of such laws is a most important element in 
technical education. 

Engineers and architects study the laws of mechanics, the laws of 
electricity, of cherriistry, of physics, and of the various other subdivis- 
ions of science. The lives of most engineers are largely spent in in- 
vestigating such laws and in utilizing them for the accomplishment of 
desired results. Such laws have been slowly derived but not created 
by man, they are fixed and unalterable and are never broken. 



Law an Evolution 113 

Plants and the lower animals follow the natural laws of growth 
and development and the instinct which is also their established natural 
law. Mankind is also influenced and controlled more largely by nat- 
ural laws than many are apt to realize. Heredity, environment, edu- 
cation, all affect every action and every thought and opinion. 

That which is termed moral law may be defined as the general 
moral tone or feeling of a community to right and wrong action. The 
punishment for neglecting or disregarding moral law is public disap- 
probation, contempt or ostracism. It changes to some extent with 
every decade, and differs with different^ time and different nations. 
Divine law is believed to have been received from Deity and forms the 
basis of all religion, and probably has had greater influence on human 
actions than any other except natural laws. 

The divisions of laws which may be termed human laws and which 
are intended to influence or govern human actions, are somewhat dif- 
ferent in character. ]\Iost of these laws are not unalterable nor un- 
changing ; nor are they always obeyed. These laws man has seen fit 
to establish for his own guidance and .protection to enable him to live 
in safety and at peace in the enjoyment of such rights and privileges as 
his state of civilization has made possible. 

§ 68. Development of Human Laws. — Primitive man lived- en- 
tirely under natural laws. He obtained those things which his strength 
and agility would permit ; with him, as with the lower animals "might 
made right" and his existence was largely a continuous struggle. The 
rights and privileges of primitive society, in the family and the clan, 
were established by custom. Whatever was customary or usual was 
considered right, and ultimately became law. With man's mental 
development he began to realize that his individual instincts and in- 
terests were hardly sufficient for his guidance. He began to see that 
his neighbors had rights equal to and often in conflict with his own, 
and that unless he wouM live in constant warfare, it was absolutely 
essential that the rights of all be so regulated as not to interfere, or 
so as to interfere as little as possible, with the rights of others. In 
order to protect himself in the enjoyment of his own property and 
rights, he was obliged to make laws for the regulation of his own con- 
duct. Early laws were largely based on custom or on the opinion of 
the head of the clan or tribe, and were not always just or equitable 
as may also be said of some of the laws of the present day. These laws 
have grown, developed and have been altered and expanded as the races 
of mankind have grown and developed and experienced new demands 
for the protection or extension of their social, political and business re- 



114 Origin, Nature and Development of Law 

lations, and they constitute today the vast legal fabric which controls 
and modifies every line of civilized human activity. 

There may also be mentioned international law which consists of 
the rules, precedents and customs by which independent nations govern 
their dealings with each other. 

§ 69. Municipal Law. — The subject which is particularly im- 
portant to discuss here is municipal law which consists of those rules 
by which the civil rights and conduct of the citizens and residents of a 
nation with each other are regulated. 

Municipal law may be subdivided into written law and unwritten 
law. The former consists of those positive enactments of congress, of 
the state legislature, or of city councils, which are passed to meet some 
particular need or to effect some particular result. They sometimes 
simply affirm known principles of law and sometimes are passed to 
modify or nullify some particular established principle. For example, 
by ancient unwritten law a married woman could not hold personal 
property or make contracts ; now by enactment in most states her dis- 
ability has been removed and she can act as fully in legal matters as an 
unmarried woman. 

Unwritten law is the most extensive and the most important body 
of law. It includes the Civil Law and the Common Law. 

§ 70. Unwritten Law. — Civil Law is the basis of the Contin- 
nental European Jurisprudence System and largely affects English and 
American law. It consists of the laws of the Roman people and the 
edicts of kinofs and of the senate, and of leg^al decisions and learned 
on'nions. This was codified by order of Emperor Justinian in the 
Sixth Century. 

The Justinian code was modified and reformed by Napoleon, is 
used m France today and is the basis of the laws of Italy, Spain, Ger- 
manv and Holland. The civil law was also brous:ht over to England 
bv William the Conaueror in 1066 and has had its effect on the laws of 
England. It has influenced the local laws of certain states through the 
earlv French and Spanish settlement. 

The common law of England was brought to this country by the 
fi r^t En<?lish settlers. It consists largely of customs and usages. Such 
riistom<^ and usages when they became well established were regarded 
as established laws and were upheld by the courts at a later date when 
courts were established. 

Courts were obliged to discriminate between well established cus- 
toms and more recent customs. If the custom existed "from a time 
whereof the memory of man remembereth not to the contrary" they 
were upheld by the court. These customs were binding only in the 



Unwritten Law 115 

community where they were observed ; they were frequently very Um- 
ited in extent. 

Customary usage still has the effect of law in many matters at the 
present day, except where direct legislation has intervened. Thus a 
cubic yard of crushed rock may consist of a customary weight of stone 
instead of measured quantity. A cord of wood sawed to stove length 
may be a customary quantity of less than an actual cord. A perch of 
stone may be a customary quantity less than the actual perch, and such 
customary methods of measuring materials will hold in law unless such 
measurements have been otherwise fixed by direct legislation or by con- 
tract. 

In early times the people of England were under many kings. All 
were united by Egbert (Kent — 828) after many years of warfare. 
Their customs which differed widely in the various kingdoms, were in 
almost hopeless conflict. Alfred the- Great (who died in 900) har- 
monized these laws, digested and analyzed them, and provided a great 
book for convenient reference. This digest of the common laws of 
England is the fountain head of the great body of laws, and of the law 
that now exists in both England and America (where the English 
common law has been adopted in a more or less modified form by all 
of the states). From these the common law of England and America 
has grown and developed, principally from the court decisions of dis- 
puted cases. 

§ 71. Development of Common Law by Judicial Decisions. — 

Although legislative action is the most conspicuous source of modern 
laws, it is not the source of most of the laws which regulate the per- 
sonal business relations of men. 

"Legislative activity has been in the main directed to the organiza- 
tion, to the administration of government ; in legislations of a public 
character such as provisions for the collection of revenues, for the 
maintenance and regulation of public highways, for the licensing of 
special trades and other administrative acts. In the great field of pri- 
vate law regulating the relations of individuals with each other, a field 
from which the vast majority of every day subjects of legislation arise, 
our legal system is still essentially the product of judicial decisions. 
Legislative invasion of this field is, principally, only for the purpose of 
amendment of detail."* 

These decisions form a precedent which serves to settle other simi- 
lar cases. Courts are not at liberty to ignore decisions of previous 

♦Law, Its Origin, Nature and Development, by L. A. Huston. Modern 
American Law, Vol. 1, Sec. 17. 



116 Origin and Development of Law 

courts for these decisions are part of the common law and "no man is 
wiser than the law." The countless decisions of courts in Europe and 
America, the records of which fill thousands of volumes, are to an ex- 
tent binding upon the courts which decide similar cases today. Each 
new decision becomes part of the common law. 

Theoretically the law never changes. Practically, it is constantly 
being revised and modified to meet new conditions as civilizaton and 
its accompanying business transactions demand. While past decisions 
are binding in a sense on courts of the same jurisdiction, still, as new 
situations arise, precedents as established by previous decisions can be 
and are more or less extended, modified and molded by new decisions 
into conformity with the necessities that arise. It must not be under- 
stood that these decisions of the courts of common law are absolute, or 
that they cannot be departed from under any conditions or circum- 
stances for, if judicial decisions have been established in a particular 
way for a number of years and it is found that on account of public 
policy an absolute change is necessary, such changes are made by the 
courts of common law themselves. The courts seldom, however, flatly 
disregard precedent, but usually hold that the remedy in such cases 
lies with the legislative body. When the common law is inconsistent 
with the needs of the community and the evil becomes a crying one, the 
legislature will usually step in and make such alterations as conditions 
demand. 

It should also be noted that these decisions are binding only in a 
limited sense. They are binding on courts of common jurisdiction, — 
that is in the jurisdiction under which the decisions have been rendered. 
Wisconsin decisions are binding on Wisconsin courts ; New York de- 
cisions on New York courts ; and English decisions are binding on Eng- 
lish courts. Where a case is to be decided on lines for which there 
is no precedent in the jurisdiction of the court where the case is heard, 
the decisions of the common law courts in other jurisdictions will have 
an important influence on the decision of the court. 

§ 72. Courts of Common Lav^. — The courts of common law 
have various names in various states. "Justice Courts" are established 
to try petty cases involving claims not exceeding $200. From these 
courts appeals may be made to the next higher courts. The term "Cir- 
cuit Court" is perhaps the most common name applied to courts of com- 
mon law. Provisions are also made whereby the verdict of such courts 
on first resort may be reviewed or carried by appeal to a second court, 
sometimes termed a court of appeal, and sometimes to a third court of 
final jurisdiction usually known as the Supreme Court of the States. 



Courts of Common Law 117 

In such courts the decision is usuaxiy luiai, unless some constitutional 
questions are involved which v^ill permit of its being taken to the Su- 
preme Court of the U. S., the decision of which will in such case pre- 
vail. Cases between states and between citizens of different states if 
they involve amounts of $2,000 or more are taken into the United 
States Circuit Court from which they may pass to the United States 
Court of Appeals and thence to the United States Supreme Court. 

The objects of the common law are (i) to protect the rights of in- 
dividuals, and (2) to redress the wrongs to which they may have been 
subjected. The laws which protect the rights which men possess and 
define the infringement of those rights are called substantive laws. 
The law by which criminals are punished and wrongs redressed are 
called remedial laws. 

§ 73. Subdivisions of the Common Law. — Substantive laws 
define rights and wrongs. Rights include legal rights which the law 
will recognize and protect. Wrongs include such wrongs as are recog- 
nized by the law and for which the law will offer a redress. 

Blackstone subdivides rights into rights of persons and rights of 
things. The first relates to the person of men as distinguished from 
their property and includes the right which every man has to enjoy per- 
sonal security, personal liberty, and personal property, also the liabili- 
ties and rights arising from mutual relations such as master and servant, 
principal and agent, guardian and ward, husband and wife, parent and 
child. 

The right of things includes laws which deal with the acquisition 
and ownership of real and personal property, including the accompany- 
ing right and liabilities. 

Wrongs may be subdivided into public wrongs and private wrongs. 
Public wrongs are those committed against the whole community and 
which are termed crimes and misdemeanors. Piivate wrongs are not 
such as are dangerous to the community at large, but are those which 
inflict loss on the individual and are known as torts. 

The penalty for public wrongs may be fines or imprisonment, 
while those for private wrongs include restitution for the losses suf- 
fered. 

Remedial law controls the organization of courts and the methods 
by which clairns can be enforced therein. In both this country and in 
England there are two great systems of courts, the courts of Common 
Law and the Courts of Equity. 

The court of common law is the court to which reference has pre- 
viously been made. These were the earliest courts in existence in Eng- 



118 Origin and Development of Law 

land and were transplanted to this country by the first English settlers. 
Such courts are governed entirely by common law practices and are 
strictly bound by precedent. 

§ 74. Courts of Equity. — A second great system of courts has, 
however, been developed in both America and England known as courts 
of equity. These owe their existence very largely to the limitations of 
the common law courts. The court of common law can compensate the 
individual for the infringement of his legal rights, but it cannot prevent 
such infringement. These courts can punish the individual for not car- 
rying out the terms of his contract but they cannot enforce the fulfill- 
ment of the contract. They are so bound by precedent that while they 
can compensate individuals for injuries done him they cannot prevent 
those injuries, even if they may be known in advance and be irreparable 
in nature. 

To provide for such contingencies, the system of equity courts has 
been developed. A court of equity offers what is known as "extraordi- 
nary remedies," that is to say, it offers remedies not recognized by the 
common law. It also differs in that it is not bound by iron clad rules of 
precedent, but seeks to administer absolute justice. In some states 
the courts of common law also administer both common law and equity ; 
in other states the courts are separate and distinct. 

§ 75. Fundamental Laws. — It should be understood that be- 
sides the civil and the common law (the unwritten law of the land) pre- 
viously referred to, there is also the written law, the basis of which is 
that fundamental law of the state or nation : viz., the national and state 
constitutions. This fundamental law is from the people themselves 
and is adopted by their direct franchise and can be changed only with 
their consent. Congress or the legislature cannot alter these constitu- 
tions, nor can they pass valid laws antagonistic therewith. In the 
United States the fundamental basis of law so far as it applies is the 
Constitution of the United States. With this all state constitutions 
must agree and no law is valid which is contrary to either the United 
States constitution or the constitution of the state in which it is passed. 

§ Development of Special Laws. — Under all of these con- 
ditions, which may appear at first glance as greatly complicated, the 
great body of the law affecting various features of civilization has been 
developed. Probably the first branch of law that attained importance 
was that in relation to land. Other laws developed to govern and regu- 
late men's action toward each other in various new relations which de- 
veloped with civilization. The acquisition and ownership of movable 
property was followed by the laws relating to personal property. With 



Special Laws 119 

the development of trade it was found necessary for mankind to form 
agreements with each other for specific purposes which led to the de- 
velopment of the laws of contracts. The development of commerce 
became so extensive that the law of agencies became necessary. For 
the purpose of facilitating commerce, laws relating to transfer of nego- 
tiable paper were developed. At the present time the great increase in 
corporate business has led to great development in the laws relating to 
corporations. Other specialties in which engineers are specially inter- 
ested are the laws of franchises, the laws governing water and water 
rights, the laws of eminent dominion, and the patent laws. These laws 
are in fact so numerous that a mere catalog of their subjects would re- 
quire much more time and space than are available. It is hoped how- 
ever that some idea has been given of the gradual growth and develop- 
ment of laws, and that the reader has been impressed with the fact that 
as they now exist they have come down to us from most remote times 
and have been modified as circumstances seemed to require. While 
these laws are far from perfect, they represent the customs and best 
ideas of the past and are slowly modified to meet the new conditions 
that arise. A study of the laws that will affect the special work of the 
individual in practice will be of great service and will aid him in know- 
ing his own rights and privileges, the rights and privileges which must 
be accorded to others, and when he should seek adequate legal advice. 

OUTLINE OF LAWS AND LEGAL RELATIONS 
§ 77. General Classification of Law. 



Between r Natural Law 



{ 



God and Man i Revealed Law 



LAWS- 



Between 
Man and Man 



Ecclesiastical Law 
Moral Law 



International Law/ S".^^^? 
[ Private 

f Constitutional Law 
National or J Statutory Law 
Municipal Law | Common Law 

I Equity 



§ 78. Definitions of Law. 

I. General. "A rule of action prescribed by authority." Century 
Dictionary. "A rule of action established by recognized 
authority to enforce justice and direct duty." Stand- 
ard Dictionary. "A governing rule of action." Benja- 



120 Origin and Development of Law 

min. "A rule of action, that which is set, fixed, pre- 
scribed or laid down beforehand." Spencer. 

11. Lazvs between God and Man. 

1. Natural laws. Statements of the invariable sequence of 

natural phenomena. Law of gravity. Boyle's law, etc. 

2. Divine or revealed law. Those rules of action supposed to 

be laid upon man by Diety. Mosaic law. 

III. Laws between Man and Man. 

1. General. Rules for the control of human action ; these were 

"created by man for his own protection, except insofar 
as religious writings are considered to be laws laid down 
by the Diety."— White. 

2. Ecclesiastical law. Laws of the church or other religious 

associations. 

3. Moral law. Those rules of conduct approved by the com- 

munity. 

4. International law. Those precedents or customs observed 

by independent nations. 

{a) Covering mutual rights and duties of nations. 
{b) Covering rights and duties of citizens when in for- 
eign states. 

5. Municipal law. Those rules of civil rights and conduct 

which regulate the action of the inhabitants of a nation or 
state with each other. 

IV. Further definition. 

1. Positive law. Those rules of conduct and of interrelation 

prescribed and enf orcible by public authority ; the "law" 
of the courts. Positive laws in general reflect the popu- 
lar conviction of that which is reasonably just, equitable 
and proper in the conduct and relations of man to man 
under the average circumstances of the state in which they 
prevail. 

2. Substantive law. Defines individual rights and that which 

constitutes infringement on those rights. 

3. Remedial law. Relates to the organization of courts and 

the manner in which rights may be enforced therein. 

§ 79. Sources of Municipal Lav^. 

I. Written Law. 

I. Constitution of the nation. 



Municipal Law 121 

2. Constitution of the state. 

3. Statutes of nation. 

4. Statutes of state. 

5. Ordinances of minor political subdivisions. 

6. Contracts. When not opposed to public policy or to the law 

of state or nation, two or more individuals may, by mu- 
tual consent, prescribe for themselves rules of action un- 
der certain conditions which the public authorities will en- 
force, viz : contracts. 

II. Unwritten f^aw, 

1. Civil law. 

A. Origin. Justinian Code as codified from ancient Ro- 

man laws. 

B. Basis of all Continental European system of jurispru- 

dence. 

C. Largely influenced English and American law through 

William the Conquerer who conquered England in 
1066. 

D. Louisiana largely influenced by French laws ; terri- 

tory acquired from Spain largely influenced by 
Spanish system of law, both of which are civil laws. 

2. Common Law. 

A. Origin. 

(a) All the laws of England, either statutory or com- 
mon which were in force at the time of the Dec- 
laration of Independence, and recognized by our 
courts, and which have not since been repealed. 
{h) All those universal or local usages which the 
courts recognize as having force of law. 

B. Growth — by judicial decision ; by established local 

usages. 

C How modified — by statutes; by judicial decisions, and 
to some extent by contract. 

D. Parol contracts. 

E. Quasi contracts. 

§ 80. Definitions Concerning Municipal Laws. 

I. Subject Matter. 

I. Political law : relating to administration of state or nation. 



122 Origin and Development of Law 

2. Criminal law : relating to offenses directly prosecuted and 

punished by the state or nation. 

3. Civil law : relating to legal rights and duties of individuals 

and legal remedies for their violation. 

II. Object. 

1. Primary rights. All those rights allowed by law or arising 

from contracts. 

A legal right is "a power, capacity or liberty given or allowed 
by law to a person in relation to some person, thing, 
act, or forbearance." — Benjamin. 

A. Rights of person. Deals with rights of the person as 

against any other individual, viz : those rights 
which attach to persons as compared with those 
that affect property, both as to individuals and 
corporations. 

(a) Rights and duties which attach to the individual 
and to his acquiring, using and disposing of 
property, viz : rights of personal liberty and se- 
curity; rights to property. 

{h) Rights and duties of individuals, when forming 
social relations, viz : rights of the individuals as 
husband and wife — parent and child — master 
and servant — principal and agent — landlord and 
tenant. 

(c) Rights and duties of individuals to associate as 
partners, corporations, etc., to acquire, use and 
dispose of property, viz: rights of partnerships 
and of corporations. 

B. Rights of things. Deals with the rights of the person 

as against all the world such as the acquisition and 
ownership of personal property and real estate, with 
the corresponding rights and liabilities. 

2. Wrongs. 

A. Private wrongs, — torts — are those wrongs not injuri- 

ous to the community in themselves, i. e. injury of 
one individual by another through carelessness or 
neglect of his legal obligations. 

B. Public wrongs, — are those committed against the state, 

i. e against the whole community, viz : disturbing the 
peace, disorderly conduct, misdemeanors and crimes. 



Classification of Law 



123 



a 
o 

o 






CO 

o 



^ 
d 

J 



W) 

d 
o 



8i. Classification and Relation of Positive Law. 

r Personal Security 
Absolute Rights 4 Personal Liberty- 
Personal Property 



Rights of 
Person 

(Rights 
in per- 
sonam) 



OQ 


O 
m 

.;-> 

«t-i 
o 

u 
o 
d 



Natural Persons 

(Individuals) 



r 



Relative 

Rights 

as to 



The Public 



{ 



Courts 
People 



Other 
.Persons^ 



Husband and Wife 
Parent and Child 
Guardian and Ward 
Master and Servant 
Principal and Agent 
^Partnerships 



Artificial Persons /Municipal Corporations 
(Corporations) \ Business Corporations 



Origin of Rights 



Constitutional 
Statutory 
Quasi-Contracts 
From Contracts 
Common Law 



rClassification/^^^^^'^^^^ 

t Personal Property 



Rights of 
Things 
(Rights 
in Rem) 



Private 

'Wrongs 

(Civil 
Law) 



^ Title 



Purchase 

Contract 

Inheritance 

Marriage 

Grant 

Judgment 

Occupancy 



Torts — Interference with absolute rights 
Breach of Contract 



Crimes Against 



Public 
Wrongs 
(Criminal 
Law) 

Is. Political Law — Administration 



The Government 
The State 
The Individual 



§ 82., Enforcement of Law. 
I. In General. 

1. Natural law. Invariable laws of nature. 

Natural laws are always enforced. The engineer may so 
modify the conditions that the occurrence of natural phe- 
nomena will not be detrimental to human interests or so 
that their occurrence will be more favorable to human 
interests, as the case may be. 

2. Divine law. Hope of future reward and fear of eternal pun- 

ishment. 



124 Origin and Development of Law 

3. Ecclestiastical law. Church approval vs. excommunication 

or church censure. 

4. Moral law. Self-approval vs. self-censure, and approval vs. 

censure of society or community. 

5. International law. Approval vs. disapproval of nations — 

possibilities of war. 

6. Municipal law. Popular approval or disapproval and pen- 

alties prescribed by nation, state or municipal statutes. 
II. Remedial laws, — may be enforced by 

1. Courts of Common Lazv. Governed by common law rules 

and strictly bound by precedent. Functions, punishment 
and compensation for acts after they occur. 

2. Courts of Equity. Extraordinary remedies not recognized 

by common law ; injunction against unlawful action, — 
enforce specific performance. 
III. Enforcement of Remedial Laws. Jurisdiction of courts, of com- 
mon law. Every person lives under three forms of gov- 
ernment, — national, state, and local. In most states the 
courts for the enforcement of remedial laws are as fol- 
lows: 

1. Justice courts, — which are limited to cases involving not 

more than $200. 

2. Circuit Court. Cases that arise under laws of the state ; also 

those that arise under laws of the United States where 
amount involved is less than $2,000. 

3. Supreme Court of State. Review of circuit court cases ; also 

court of original jurisdiction in cases involving constitu- 
tional questions. 

4. U. S. Circuit Court. Cases under United States statutes ; 

also cases between citizens of different states, involving 
property rights of more than $2,000. 
i| I S' U. S. Court of Appeal. Review of circuit court decisions. 

6. U. S. Supreme Court. Review of decisions of court of ap- 
peal and of supreme courts of states. Court of original 
jurisdiction in questions involving United States consti- 
tutional questions. 

LITERATURE 

Engineering and Architectural Jurisprudence, by J. C. Wait. Wiley 
and Sons, New York. 

Laws of Operations Preliminary to Construction in Engineering and 
Architecture, by J. C. Wait. Wiley and Sons, New York. 



Literature 125 

Manual of Commercial Law, by E. W. Spencer. The Bobbs-Merrill Co., 
Indianapolis, Indiana. 

Laws of Business, by Theophilus Parsons. The S. S. Scranton Co., 
Hartford, Conn. 

Business Law, by T. R. White. Silver, Burdett & Co., New York. 

'Dictionary of Law, by W. C. Anderson. T. H. Flood & Co., Chicago. 

Cyclopedic Law Dictionary, Shumaker and Logsdorf. Callaghan & Co. 

Burgess' Commercial Law, by K. F. Burgess and J. A. Lyons. Lyons & 
Carnahan, Chicago. 

The Evolution of Government and Law, by Stephen Haley Allen. 
Princeton University Press, 1916. 



CHAPTER VIII 

SOME LEGAL RELATIONS OF TECHNICAL MEN 
LEGAL RIGHTS AND RESPONSIBILITIES 

§ 83. Employment in General/ — The employment of the techni- 
cal man in trade, business or professional work is a contract and must 
contain all the essential features of a contract. Such contracts are sel- 
dom written and are subject to the verbal agreements made when the 
employment is consummated. 

If the employment is for an indefinite period or is to continue so 
long as either or both parties are satisfied, it may be terminated without 
notice and without expressed reason. If a certain notice of termina- 
tion is required, such notice must be given by either party who desires 
its termination, except when the employee is discharged for cause. 
Employment for a definite period "unless sooner terminated" cannot be 
terminated prior to the end of the period without proper cause. 

If the employment is for a certain definite period and the period if 
allowed to elapse without notice, the law assumes a renewal of the con- 
tract for a like period. 

Contracts, not in writing, for services which cannot be rendered 
within a year are void,^ but if the services are actually rendered, pay- 
ment for such services can be enforced, not on the contract but on an 
inferred contract for benefits actually received. 

When a person is employed at a fixed rate (except the rate be for 
hours of service), and additional duties are imposed, he cannot secure 
extra compensation without an express agreement to that effect.^ 

To assure remuneration for services rendered it is important that 
the contract for employment be made with those legally empowered to 
make such contracts. 

The officers of a private corporation must be duly authorized by 
the Board of Directors to employ service or payment for such service 
may be avoided. The employment of an official of a private corpora- 
tion to do certain things which cannot be done without assistants, 
clothes him with authority to employ such assistants. 



1 Engineering and Architectural Jurisprudence, by J. C. "Wait, Chap. 28. 

2 See Statutes of Fraud, Sec. 107. 

3 Waite, Sec. 810. 



Employment 127 

The officials of a municipality cannot legally contract for services 
for the payment for which no appropriations are available. 

Occasionally engineers are employed in good faith on consulting 
work by municipal authorities, but no adequate arrangements are made 
for paying for their services. In some cases a certain appropriation 
has been made but this had been exceeded by the expenditures. In 
such cases an injunction will lie, preventing any payment in excess of 
the amount provided. While such an injunction is unusual, it is al- 
ways possible, and proper provision for sufficient funds should be made 
before the services are rendered. 

§ 84. Discharge.* — Employment may be terminated by an em- 
ployer before the contract term of service has expired by reason of any 
of the following causes : 

1. Willful disobedience to lawful orders. 

2. Gross moral misconduct. 

3. Habitual negligence. 

4. Incompetency or incapacity. 

§ 85. Professional Employment. — The relations of the profes- 
sional man to his client are confidential or fiduciary. To prevent un- 
due advantage from the unlimited confidence which such relations in- 
volve, the law requires the utmost of good faith in all transactions 
between the parties. In accepting service in a professional capacity 
therefore the individual also accepts certain responsibilities without a 
special agreement. 

The responsibilities legally implied in such cases are summarized 
by Wait as follows :^ 

1. That he has the requisite skill and knowledge. 

2. That he will use reasonable care and diligence in the exercise of 
his skill and in the application of his knowledge. 

3. That he will use his best judgment ; and 

4. That he will be honest. 

If the professional man neglects or fails to exercise any one of 
these requirements and injuries or damages result from such neglect or 
failure, he is liable under the law for such injury or damages. 

The law holds every man who solicits employment in any vocation 
or profession, responsible for the skill, ability and learning necessary 
for the reasonable performance of his work. Acceptance of employ- 
ment is a warranty that the employe is competent to do the work in a 
reasonably satisfactory manner, and that he will do it faithfully and 



*Wait, Sees. 802-806. 
"Wait, Sec. 831. 



, 



128 Legal Relations 

in accordance with lawful direction. His liability is determined by 
his contract for employment, which service are rendered gratuitously 
or for a reward. 

If the client is aware of the professional incapacity of his em- 
ployee, where employment is given, no implied liability is entailed but 
only such liability as will result from actual warrantee. 

The employment of a professional man does not imply perfection 
in his work, or the safety or durability of his designs or construction, 
unless it is proved that unsatisfactory results are due to lack of ordi- 
nary skill, care or attention. The acceptance of employment by a pro- 
fessional man does not imply or warrant satisfactory results, but fail- 
ure due to his direct fault or neglect will render him liable for damage. 
The duty of the professional man is a duty of reasonable care and dili- 
gence in the performance of his work. "There is no implied promise 
that miscalculations may not occur. An error of judgment is not nec- 
essary evidence of a want of skill or care, and miscalculations are inci- 
dent to all the business of life."^ He is responsible for the conse- 
quences of miscalculations and errors only when it is shown that such 
miscalculations and such errors could have occurred through lack 
of reasonable knowledge, skill and diligence; and such knowledge, 
skill and diligence must be such as would be possessed and exercised by 
a reasonably prudent man in the same profession. Thus'^ an engineer 
or architect who designs a foundation improperly because he has neg- 
ligently failed to advise himself as to the character of the soil,^ or who 
carelessly provides boiler flues in excess of the capacity of the chim- 
ney^ is liable for the resulting loss. 

The liability of the professional man is determined by the nature 
of his contract for employment. This is seldom in formal written 
form but is usually the result of correspondence or verbal agreement, 
and often is not definable with any degree of certainty. If, however, 
he accepts employment with an actual or an implied agreement as to 
certain definite results, those results must be reasonably approximated 
or he cannot recover for his labor and may be held liable for any dam- 
ages that occur. If for example an architect is employed to design a 
building to cost a specified sum, and the plans when finished cannot be 
carried out without an expense which greatly exceeds that sum, the 



6 Coombs V. Bede, 89 Maine, 187. 

7 The Legal Liability of Architects and Designers, by R. N. Miller. The 
Rose Technic, Vol. 25, p. 117. 

8 Louisiana Molasses Co. v. Le Sassier, 52 La. Am. 2070, 

Hubert et al vs. Artken, 15 paly (N. Y.) 237, 2 N. Y. Sup. 711. 

The Work of the Engineer, by B. W. Kennedy. Eng. News, Vol, 56, p. 563. 



Professional Employment 129 

architect cannot collect for his services ; and if the work of construction 
is undertaken before the fact of excess cost is determined and the speci- 
fied cost is greatly exceeded, the architect may be liable for such dam- 
ages to his client.*'^ A small difference is immaterial, but the specified 
sum must be reasonably approximate; but if the client after finding out 
that the cost will be increased, decides to use the plans, he must pay for 
them. 

§ 86. The Engineer as an Agent. — Where an engineer or 
architect undertakes to supervise the construction of work, he becomes 
an agent of his client with the authority and subject to the liability of 
agents. 

The authority of an agent ^^ unless otherwise known or limited, 
consists of : 

1. Those powers directly conferred. 

2. Incidental powers reasonably necessary to carry into effect the 
powers directly conferred. 

3. Powers which custom and usage have added to the powers di- 
rectly conferred. 

4. Such other powers as the principal has by act, neglect, omission 
or acquiescence caused or permitted those dealing with the agent to 
reasonably believe he has conferred. 

5. Powers exercised by the agent and subsequently conferred by 
the principal. 

The duties of an agent are laid down by Spencer ^- as follows : 

1. To act with scrupulous good faith toward the principal. 

2. To account fully and properly for all proceeds, profits and dis- 
bursements of the agency. 

3. To exercise due care, diligence and prudence in the management 
of the principal's affairs. 

4. To obey all lawful instructions. 

5. To notify the principal of all essential matters affecting the 
agency. 

6. To act in person except where authority to act through another 
•s expressed or implied. 

The engineer or architect cannot legally act as agent for two 
parties having adverse interests. 

The extent of the powers of the engineer or architect should always 
be defined in the contract. When this is not done, such authority will 
be determined by the character of the construction and the objects in- 

10 Edward Barron Estate Co. vs. Woodruff Co. 163 Cal. 5G1, 126 Pac. 351. 

11 Contracts in Engineering. J. I. Tucker, Sec. 146. 

12 See Manual of Commercial Law. E. W. Spencer, Sec. 578. 



130 Legal Relations 

tended to be accomplished. Authority to adopt reasonable and proper 
means to carry the contract into effect will be inferred. 

The engineer has no other authority in the supervision of work 
than that which can reasonably be inferred from the nature of the work, 
or that which is specifically provided in the contract. Inferred au- 
thority is open to dispute so that it is always desirable that the details 
of the authority to be delegated to the engineer should be specifically 
provided in the contract. 

In the absence of special piovision therefore, the engineer or 
architect cannot delegate his authority to another. In the matter of 
positions of special trust and confidence in the professional knowledge, 
skill and judgment of the employee, the client has the right to select 
his own agent and might not be satisfied with the selection of another. 

The engineer or architect is liable for the acts of his assistants 
when he employs such assistants on his own account to assist him in his 
undertaking, but not when such assistants are employed by his client 
even though he select them on behalf of his client and they are subject 
to his own direction and control. 

The engineer or architect is presumed to know the extent of his 
own power and if he exceeds his authority and work is done under his 
direction for which he has no authority, he makes himself personally 
liable. 

§ 87. The Engineer as Arbiter. — It is common in construction 
contracts to confer upon the engineer or architect arbitrary powers to 
reject or condemn work or material which in his judgment is faulty, 
and in some cases to require certain expenditures for inspection, pro- 
tection or safety of the work, if in his judgment they are necessary but 
which may be burdensome and unfair if not administered in an impar- 
tial and judicial spirit. These powers have been sustained by the court 
when exercised in apparent good faith. Against this arbitrary power 
the contractor has no redress unless corruption can be shown. 

In a Canadian case of this kind the court said : "I have always 
thought the position of an arbitrator a most absurd one. He has 
powers given him that are given to no other being in the world, and it 
results in hard feeling and litigation ; but the parties if they choose to 
enter into such a contract must abide by it, having put him in position 
of sole arbitrator they have to show, if they want to hold him liable, not 
that he has exercised a very poor judgment but that he is unskilled, that 
he has been dishonest and fraudulent.^^ 



13 Bagley v. Dickson, 13 Ont. »App. 484; also Wait, Sec. 848. 



Engineer as Arbiter 131 

As lack of good faith or corruption is often hard to demonstrate to 
the satisfaction of a court or jury, the contractor may be unfairly used 
and put to much unnecessary expense through the ignorance, injustice 
or even the malicious decision of the engineer. 

It is evident therefore that, when by the terms of a contract an en- 
gineer or architect is clothed v^ith discretionary or quasi-judicial power 
and exercises that power in good faith, he cannot be held responsible 
for his acts or findings. Such conditions obtain when he acts as ar- 
biter or referee in the determination of disputed questions or of matters 
of fact which appertain to the completion of work or the basis of pay- 
ment, for the same. 

The same principles hold in the exercise of discretionary power by 
a public officer ; in general such officers are not liable to private individ- 
uals for injuries resulting from their act or neglect or for the acts or neg- 
lect of their subordinates. The public official being elected or appointed 
can not be held on an implied agreement to exercise the requisite skill, 
diligence and judgment for his work. 

§ 88. Ow^nership of Plans, Designs and Inventions. — Unless 
otherwise specifically agreed, the plans for a structure will belong to the 
owner when he has paid the engineer or architect a reasonable price for 
his services, at least during the tirrie and for the purpose of construc- 
tion. Whether or not the designer can require a return of the plans 
after their use, even when such is shown to be the universal local cus- 
tom, has not been clearly settled. 

The unauthorized use of such plans by copying or building from 
them is held illegal, unless they are published to the world, in which 
case, unless copyrighted, they become public property. 

The plans, designs and inventions of an employe are the prop- 
erty of the employer only if such ownership is agreed or reasonably im- 
plied. 

Where a professional designer is employed for the purpose of de- 
sign he has no rights in the design produced during his employment, but 
the rights of discovery of a new method of construction or of a new 
process or material, would remain in the employee, although the em- 
ployer might retain a license to use them if the discovery was in the 
direct line of eflfort for which the designer was employed. The results 
of the work of the designer outside of office hours are however his per- 
sonal property. In general, the same principles apply to inventions. 

THE ENGINEER IN LEGAL PROCEEDINGS 
§ 8q. Necessity of Expert Service. — In litigation involving 
technical matters it is commonly necessary for the parties involved to 



132 Legal Relations 

call in engineers who are specially informed on the matter in question. 
This is made necessary by the fact that the attorneys employed, while 
possibly learned in the law affecting the case at issue, cannot be in- 
formed on the many and diverse technical matters which they are 
called upon to present to the courts. It is highly desirable that the at- 
torneys employed on any technical case should have had previous ex- 
perience on similar cases, as such experience will greatly facilitate the 
preparation of the case and assure its more adequate presentation. 

In any event technical litigation will ordinarily require expert serv- 
ice for the purpose of : 

First: Consultation in regard to the technical details involved. 
Second: Assistance in the preparation of the case. 
Third: Assistance in the examination of technical witnesses by the 
attorney. 

Fourth: As expert witness. 

§ go. Consultation. — In most cases w^here litigation arises 
concerning technical projects or affairs, there are certain questions in- 
volved which are more or less doubtful. These questions must be de- 
termined by evidence concerning the facts in the case, and often by the 
opinions of men experienced in the particular subject as to the bearing 
of the facts on the points at issue. It is therefore evident that before 
litigation is begun, all such facts and the logical conclusions to be drawn 
from the same should be determined by those who are qualified by 
learning and experience to judge as to their significance and as to the 
correctness of the claim which it is proposed to support by legal action. 

When the engineer is called in on such matters he should, before 
he expresses an opinion in regard to the point at issue, determine all 
of the facts in the case and all of the conditions which surround it and, 
after careful deliberation and study, deduce the logical conclusions 
which naturally follow such facts and conditions. Opinions based 
on an ex parte statement of the matter are often quite misleading and 
should be studiously avoided and before his final conclusions upon any 
important questions are rendered he should insist upon the oppor- 
tunity of a thorough investigation and a careful consideration of all 
of the facts and data, and upon a careful examination of the best 
authorities available. Perhaps the suit itself or at least the results of 
the suit may depend upon the truth of the opinions he expresses, and 
in the course of the litigation, if such litigation is undertaken, it is more 
than likely that any opinion and conclusion which he has expressed will 
be subject to scrutiny of others equally well informed who will be called 
on by the other side of the litigation and whose equal duty it becomes 



Consultation 133 

to see that the rights of their clients are fully preserved and that justice 
prevails. 

It is obvious that no conscientious professional man will knowingly 
accept employment which involves an attempt to subvert justice and 
permit wrong to triumph. It is however frequently the case that tech- 
nical questions are so involved that there are facts and conditions which 
seem fairly to warrant the justice of the claims made by both parties to 
the litigation. It is the undoubted right of each to present disputed 
claims in the light most favorable to themselves so long as the truth is 
not perverted and justice is the ultimate aim. For this reason, unless 
it is evident that the purpose of the client is unfair or dishonest or that 
his claims are founded on a perversion of facts or incorrect conclusions, 
there is no reason why he shouM not be fully entitled to professional 
aid to the extent that the ends of justice and equity require. 

Unfortunately the desire of the client is not always limited to the 
above ends. Frequently he desires to win his case regardless of law or 
of equity, and he is not always scrupulous as to the methods employed 
provided the desired ends are consummated. Not only is this the case, 
but it is frequently true that personal bias of the client, his attorney and 
engineers is so developed by their personal interests and their associa- 
tion with the question involved that they are unable to discriminate as 
to the justice of the case or as to the logical conclusions to be drawn 
from the facts and conditions. Such bias is but human and may be 
justly condoned so long as it does not lead to an attempt at fraud or de- 
ceit. When carried so far as to create the belief that victory is so de- 
sirable that the end will justify any means, it reaches beyond the pale 
of honorable practice, and employment in such case must be avoided by 
all conscientious men. 

§ 91. Preparation of the Case. — Having convinced himself of 
the truth and justice of his client's contention, the engineer may be of 
great value in the preparation of the case for its presentation in court. 
In this work the engineer must not only fully inform himself in regard 
to all facts and conditions affecting the case but he must collect all in- 
formation and data and arrange and classify the same in such form as 
will best serve the purposes of presenting the matter to expert witnesses 
for their examination and for their use in forming their opinions and 
preparing their evidence, and of presenting the facts to the court dur- 
ing the progress of the case. 

The engineer's work will consist of securing and arranging the 
facts and data pertinent to the case and in devising means and methods 
by which the facts and principles involved may be so simplified, clari- 
fied and presented as to make the conclusions as nearly obvious as pos- 



134 Legal Relations 

sible to the minds of the court or of the jury. Frequently the matter 
involved may be complicated or of such a distinct and technical nature 
that it will not be easily understood by those unfamiHar with it or those 
who are not technically informed. It is often exceedingly difficult to 
simplify scientific or technical principles so that they may be compre- 
hended by the non-technical and that the logical conclusions may be 
seen and appreciated. To accomplish this will require all of the in- 
genuity, ability and knowledge of the professional man. He must en- 
deavor to understand the normal point of view of the judge or jury and 
to arrange the matter and the material so that they, with their limited 
knowledge and experience in such matters, may be able to grasp the 
facts and deduce conclusions after the presentation of the technical or 
scientific principles by the expert witness. 

In this connection and prior to the presentation of the case in court, 
the engineer has first to present these matters in a similar way to the 
attorney for his client. Here he has an auditor whose normal bias 
gives him the inclination to accept conclusions favorable to the client 
but who must normally be shown the logic of the conclusions and be 
convinced that the facts, conditions and principles as laid out by the en- 
gineer are capable of proof and are a proper and scientific method of 
presenting the case. The engineer must clearly inform the counsel as 
to the principles involved so that he may properly appreciate the ways 
and means by which the matter may best be presented. The very need 
of the engineer in the preparation of the case is due to the fact that the 
attorneys in the case are working in a field more or less foreign to their 
common practice and in which, while generally informed, they are ig- 
norant of the details and principles which apply to its more technical 
aspects. The engineer and counsel must work in unison, for the en- 
gineer on his part is normally ignorant of the detailed methods of court 
procedure, so that the preparation of the case must be carried on by fre- 
quent interviews and discussions in order that, by the combined effort 
of the attorney and engineer, the matter may be presented in the best 
possible manner. 

The engineer may also be of great aid in the selection of expert 
witnesses whom he knows to be trustworthy, capable, throughly in- 
formed on the matter involved, and able to present their ideas and 
opinions in court in such a manner that the judge or jury may be im- 
pressed by their learning, ability and honest intentions and understand 
and appreciate the conclusions which he endeavors to elucidate. 

An engineer may also greatly assist the attorney in forecasting, so 
far as practicable, the probable line of expert testimony which will be 




Technical Witness 135 

oliered by the opposite side and by arranging for witnesses qualified to 
meet it. In general, the attorneys must rely entirely upon their tech- 
nical adviser in such matters. 

§ 92. Examination of Technical Witnesses. — An engineer who 
has thoroughly studied the subject and fully appreciates the principles 
involved and the essential ideas which it is desirable to develop in order 
to properly present the matter to judge or jury, can be of great value 
as an adviser both in the direct and in cross examination. On prin- 
ciples that are well established, the same answer will undoubtedly be 
given by the expert witness of either party. On questions depending 
on opinion such answers may differ largely. No matter how honest 
the expert witness may be, he is not allowed to volunteer information 
and can give an answer only when a proper question is propounded. 
It is practically impossible for one unfamiliar with the technical matter 
at issue to frame questions so that they will necessarily involve the an- 
swer sought, and many technical cases have been lost by the inability 
of the attorneys to understand and bring out the facts and principles at 
issue (see Sec. 51) even from their own witnesses. The difficulty is 
accentuated in the case of cross examination where the opposing wit- 
ness, who is often more or less antagonistic, must be made to give the 
answer desired by a carefully framed question which will admit of no 
alternative. Technical cases have been won purely on cross examina- 
tion of opposing witnesses by attorneys well versed in the subject 
under litigation and advised by competent experts. 

§ 93. The Expert Witness. — The selection of an engineer, ex- 
pert in his specialty, is a matter of great difficulty (see Sec. iii) ; but 
the selection of an expert witness is even more difficult, for a man may 
be thoroughly informed in his specialty, competent to design and con- 
struct and yet may be unsuitable to present his ideas and opinions in 
court in such a manner that the judge or jury will understand the tech- 
nical principles involved and the conclusions which logically follow from 
the facts and conditions. 

"Unfortunately the average technical man cannot explain his work 
so a layman can understand it ; the average engineer has this fault in an 
unusual degree, and the successful presentation of his testimony may 
be a matter of considerable training, in order that he will drop his tech- 
nicalities and details and stick solely to the essentials of the case. If he 
will tell his story for his own side so that it can be understood, his in- 
ability to explain himself clearly under the cross-examination of the 
opposing counsel may be safely left to work itself out." (Eng. Rec. 
Vol. 60, p. 141.) 



136 Legal Relations 

"There is nothing unprofessional in the initial presumption of an 
engineer that a prospective client's interest justifies professional defence, 
or in exerting his best efforts in making that defence even though there 
may be more or less doubt involved. In fact, that doubt is just what 
should be turned into a certainty in favor of the client if possible. If 
on the other hand, it is clear that the technical position taken by the 
client is indefensible as an engineering proposition, any engineer would 
be recreant to his professional principles if he did not plainly and un- 
qualifiedly advise that client of the erroneous position assumed by him. 
This is by no means an uncommon experience. There probably are few 
engineers who have had much consultation experience who could not 
name a considerable number of cases where the only true professional 
course has been to advise an emphatic negative to propositions where an 
encouraging affirmative was confidently expected. There is, however, 
no evading this kind of responsibility. As a professional man he is 
bound by the highest professional obligation to place his best judgment 
and knowledge at the service of those who seek him, whether the result 
favors the contemplated project or not. It is as much his duty to tell a 
client that he is wrong, if he is wrong, as to tell him he is right when he 
is right." (Eng. Rec. Vol. 57, p. 737.) 

Not only are the parties to litigation frequently wrong in their 
views of the rights and principles involved, but too often a deliberate 
attempt is made to bolster up an unjust case by biased evidence. 

"One of the leading American constructing engineers was asked to 
serve as an expert witness in an important suit. He had the usual aver- 
sion to such work, but the prominence of the parties asking him to serve 
was so great that he did not care to decline outright. He accordingly 
named an excessive fee and expected the matter to drop there. To his 
astonishment the fee was immediately approved and the lawyers vis- 
ited him to explain the case and state just what he was expected to tes- 
tify. He protested that the tesimony would be seriously incorrect 
technically, but he was then informed that such things were really mat- 
ters of judgment and the very large fee he was to receive was for the 
purpose of showing to the court that the desired opinions were held by 
an eminent engineer. If he changed his views after the case was set- 
tled it would be a matter of indifference to the lawyers and their clients. 
It is hardly necessary to say that the engineer did not see the matter in 
the same light." (Eng. Rec. Vol. 62, p. 533.) 

It is said that in the early courts of Rome there were certain indi- 
viduals who wore straw in their shoes; this was to signifv that they 
were prepared to go into court and swear to whatever conditions their 
clients might desire. There are very few such men in the ranks of the 



The Expert Witness 137 

gineering profession, and those who do appear soon sink into the obliv- 
ion they so justly merit. No man in any profession who blinds his con- 
science in favor of unrighteousness can hope to attain that respect and 
eminence which should be the object and desire of every man. 

In numerous legal proceedings of the same class, it is common to 
find certain individuals uniformly representing one aspect of the same 
question. For example in the condemnation of public utilities, certain 
experts if employed are uniformly employed on the part of municipali- 
ties while certain others are as uniformly employed only on the side of 
utilities. This is due not necessarily to dishonesty but to a certain bias 
of the individual judgment that makes his testimony of greatest value 
to the side which he commonly represents. 

This bias may be more or less radical and is often the result of 
peculiar experience or a one sided point of view, and in many cases the 
opinions of such parties would be radically changed if they were called 
upon to carefully consider the subject from a different aspect. 

It may be added that whenever an honest and conscientious en- 
gineer finds himself repeatedly called to sustain a certain definite point 
of view in a variety of similar cases, he will do well to carefully analyze 
his position and examine the basis of his opinions and determine 
whether his conclusions are not being radically affected by the limita- 
tions of his experience and affiliations rather than by any profound 
knowledge of the subject. 

§ 94. Qualifications. — In order to be competent as an expert, 
the witness must show that he possesses knowledge or skill in the mat- 
ter on which his evidence is desired. His qualifications may depend on 
observation, experience or study. The extent and nature of the prac- 
tice and experience which can be shown to qualify him particularly for 
a proper judgment of the matter at issue will often greatly affect his 
value as a witness. His qualifications are usually demonstrated by an 
examination preliminary to his admission as a witness, in which he is 
given opportunity to explain his knowledge and experience, his oppor- 
tunities for observation and investigation, and such other facts as may 
demonstrate his fitness. His admission as a witness is largely within 
the discretion of the court. 

§ 95. Expert Evidence. — In general the opinions of witnesses 
are inadmissible as evidence and are considered irrelevant. The excep- 
tions to this rule are in those cases where the opinions of experts are re- 
ceived, and such cases are confined to subjects beyond the knowledge of 
men of ordinary education and experience. 



138 Legal Relations 

In many cases where the subjects of litigation are wholly unfa- 
miliar to the judge or jury, the admission of expert testimony is the 
only adequate method of arriving at substantial justice. Nevertheless 
such evidence is often justly considered of little credence or value. 

"The evidence of experts is of the very lowest order and the most 
unsatisfactory character."^* 

"It is the inherent infirmity of expert testimony that it consists 
largely of matters of opinion in add'.tion to those elements of weakness 
and uncertainties which enter into the testimony of those who relate 
simply what they have seen or heard. We have, in expert testimony, 
the deductions and reasoning of the witnesses with all the chances of 
error incident to human reasoning. The notorious fact that experts 
of equal credibility and skill are found in almost every important case, 
testifying to directly opposite conclusions, illustrates both the fallibility 
of such testimony and the fact that a conviction for perjury based upon 
such evidence would be very difficult. It is a matter of common ob- 
servation in the courts that witnesses of the highest character and of 
undoubted veracity may be easily lead as experts to espouse and de- 
fend a theory with all the zeal of the advocate. "^^ 

"Lord Campbell, in the case of the Tracy Peerage (lo C. & F., 154, 
191), placed on record his judgment of the worthlessness of the system 
which would fain evoke a judicial answer or opinion from a human be- 
ing whose preparation for thus thinking and speaking had been a life 
of weeks or months, may be in the environment which ordinarily falls 
to the lot of the advocate ; not to speak of the futility of expecting to 
get such an opinion from a man placed in the witness stand, and con- 
demned to say naught but in answer to ingeniously concocted, perhaps 
more or less rasping questions. "I do not mean," said Lord Campbell, 
"to throw any reflection on Sir Frederick Madden. I dare say he is a 
very respectable gentleman, and did not mean to give any evidence that 
was untrue ; but really this confirms the opinion I have entertained, 
that hardly any weight is to be given to the evidence of what are called 
scientific witnesses ; they come with a bias on their minds to support the 
cause in which they are embarked ; and it appears to me that Sir Fred- 
erick Madden, if he had been a witness in a case, and had been asked 
on a different occasion what he thought of this handwriting, would 
have given a totally different answer."^^ 



i4Whittaker v. Parlcer, 42 Iowa 586. 

15 Jones on Evidence, 2d Ed. Sec. 390, 

16 On the Best Manner of Making Use of the Services of Experts in the 
Conduct of Judicial Inquiries, by Clemens Herschel. Eng. News, Apr. 9, 1887, 
p. 234, 



Expert Evidence 139 

Much that is similar to the above has been said from the bench and 
by writers on Evidence in criticism of expert testimony and some radi- 
cal change is undoubtedly desirable in judicial procedure in order that 
such testimony may be utilized to conserve the ends of justice. It is 
too much to expect however that this will ever be accomplished so long 
as the courts must depend either upon the presentation of evidence by 
experts employed by the opposing parties in the case who from the na- 
ture of the judicial procedure are more or less biased in favor of their 
client, and are not permitted, even if they so desire, to express their 
competent and unbiased opinion on the subject. The questions asked 
are so framed as to command the answers given, and the nature of the 
cross examination is usually an endeavor to confuse the witness, be- 
little his ability, prove the falsity of his opinion and as a result arouse 
the antagonism which is detrimental to the ends of justice. 

Expert witnesses are but human and humanity is not infallible 
even when clothed in the garments of the court. Our highest tribunals 
are closely divided on judicial opinions, and many cases are decided by 
bare majorities, showing that entirely disinterested and fair minded 
judges are not able to arrive at unanimous decisions. In other cases 
judicial decisions have been rendered by jurists whose interests or con- 
nections have been such as to bias their judgment so that their impeach- 
ment resulted as a consequence of glaringly erroneous decisions. Even 
the supreme court of the United States decided the Tilden-Hayes Pres- 
idential controversy on purely political lines, and numerous cases might 
be cited both of the supreme court and of lower courts where the de- 
cisions have resulted from pure bias. The fact that such bias may and 
sometimes does exist, is recognized by the provisions of the law which 
permits attorneys on a presentation of a sworn statement of prejudice 
to seek another jurisdiction for the trial of their case. 

In a recent case in one of our states, in which a very important 
public question had aroused considerable public controversy, a special 
court made up of seven judges, after hearing extended evidence on the 
subject, decided the matter on purely political lines. There was not 
one of the judges acting in the case but that, on the final ballot, voted 
from the point of view which was most popular in the district which he 
represented. 

It is evident that in the nature of cases requiring expert testimony, 
such testimony will be arranged beforehand and that neither side will 
call witnesses whose testimony will be detrimental to their interests. It 
is obvious that under these circumstances the expert witness has al- 
ready expressed his opinion on the subject and that such opinion is 
favorable to his client. In many cases this opinion has been due not 



140 Legal Relations 

only to a careful consideratxon of the facts and data available but to a 
long and exhaustive examination and consideration from the point of 
view of the client. Under such circumstances it is certain that the ex- 
pert will be interested on his client's side of the case and will ordinarily 
desire its success. He is moreover under certain obligations for em- 
ployment by his client and under such circumstances his judgment can- 
not be altogether unbiased. While this condition has its objectionable 
features, it is equally true that it is not without its advantages. This 
partisanship is not without its use in the ultimate triumph of equity and 
justice, for it leads to a most careful scrutiny of the case in an endeavor 
to bring out all of the points which tend to demonstrate the justice of his 
client's claim, and it is doubtful if this could be accomplished by the un- 
biased investigation of an entirely disinterested expert. 

"The thoughtless observer of a trial is likely to draw the impression 
that the representatives of each side are monumental liars, but this opin- 
ion is generally entirely wrong for three reasons, one being that most 
witnesses testify merely from memory without the help of a diary, an- 
other being that the lawyers often succeed in preventing a witness from 
telling the whole truth, and the third being that where the divergence of 
views between two parties was a matter of slow development and the 
case was a long time in coming to trial, the recollections of the various 
parties must inevitably be tinged by their own interests and not those of 
their opponents. The court and jury are consequently obliged to take 
this mass of conflicting evidence and ascertain as far as possible by the 
preponderance of creditable testimony on which side justice probably 
lies, or whether both parties are not partly wrong and partly right, 
which last condition is almost always the case. If the dispute involves 
technical features it is evident that greater complexity is introduced, 
because here conditions which are not within the knowledge of most 
men must be thoroughly understood before a case can be equitably de- 
cided." — Eng. Rec. Vol. 60, p. 141. 

§ 96. Desirable Reform of Procedure. — From the previous con- 
sideration of the matter, it is evident that the present status of expert 
testimony must be regarded as largely normal and nothing more than 
what should reasonably be expected. It is only the part of wisdom 
therefore that the procedure in such cases should be corrected along the 
lines which will utilize the beneficial results of the present system of in- 
troducing expert evidence and offset its disadvantages by the use of the 
expert or board of experts as the adviser of the court. 

It is not desirable that the present system be entirely dispensed 
with or that the freedom of the parties to present any competent testi- 



Expert Evidence 141 

mony be abridged. It has occasionally been advocated that no experts 
should be heard except those appointed by the court, but it is a fact be- 
yond question that the courts are not as a rule competent, in this day of 
narrow specialties, to select experts adequate to bring out properly all 
of the points at issue, and are otherwise so subject to human weaknesses 
that such appointments would not be beyond the pale of personal and 
political influence. 

In the judicial procedure of cases of expert evidence, what is 
needed at the present time is not that the expert should be chosen by 
the court but that the court should have expert advisers who are able 
to weigh properly the testimony submitted and to differentiate on the 
basis of their scientific or technical knowledge of the subject the true 
from the false, the essential and the non-essential, and to draw correct 
conclusions from the mass of evidence which is frequently beyond the 
capacity of the presiding judge or of the jury. 

§ 97. Appraisal of Public Utilities. — In the appraisal of public 
utilities, the same difficulties are encountered as in other procedures for 
the determination of technical matters by expert testimony. Before 
the appointment of state public utility commissions, it was the general 
practice, usually as specifically provided in the franchises, to appoint a 
board of three or five appraisers for the purpose of determining the 
values of the properties. In some cases the acceptance of the findings 
was optional and in other cases obligatory. In the majority of such 
cases engineers were appointed for this purpose. Each party to the 
proceeding appointed one or two, and those so appointed elected a third 
or fifth person as chairman. In these cases almost without exception 
the experts appointed by each party exhibited more or less of the bias 
due to such appointment (see Sec. 12) and with few exceptions acted 
as advocates for the client to whom their appointment was due. The 
third or fifth member being independent of either party in his appoint- 
ment, fulfilled the function of judge or umpire and adjudicated the dif- 
ferences of opinion and ultimately the findings of the board. In the 
majority of cases the members of such boards undoubtedly endeavored 
to overcome their bias and to render substantial justice, but the effect of 
their appointment was almost universally apparent. 

In the few cases where such commissions were entirely free from 
this ex parte character, the differences were immediately apparent and 
the results were far more satisfactory. 

There is no doubt that the appointment of State Public Utility 
Commissions for the fixing of values and rates is in principle a move in 
the right direction. The main difficulty has been that in many cases 
such appointments have been more or less political and such boards 



142 Legal Relations 

have usually been constituted of judges, lawyers, economists and statis- 
ticians of greater or less ability but with no particular aptitude for the 
work in question. Some commissioners, while nominally unbiased, have 
in fact felt that they held a brief for the people and were appointed to 
see that the rights of the people were safeguarded and preserved. This 
bias has often resulted in findings which were unjust and inequitable. 
Where however they have continued long in office, they have usually 
gained a good insight into their real duties and the justice and equity of 
their findings have greatly improved. It has been unfortunate that such 
boards have not been uniformly constituted with at least one technical 
member who possessed real practical experience in the construction 
and administration of such properties. In most cases these commis- 
sions have employed a corps of technical advisers, but in general from 
lack of funds or of an appreciation of the requirements of the cases, they 
have secured young professional men of little experience or special 
technical knowledge, with results which would naturally be expected 
from estimates and findings based simply on theory. 

Even where technical aid has been employed, it has not been uti- 
lized in such a manner as to secure the best results. Usually estimates 
have been prepared by the corps of the board and submitted to both 
parties prior to the hearing. 

At the hearing ex parte expert evidence has been heard by means 
of which attempts have been made either to reduce or increase certain 
items of the estimates which it was considered desirable to contest. 
Those items which were satisfactory because actually too high or too 
low were not contested. The corps of the board having once filed their 
values are only more firmly convinced by the attack of both parties of 
the justice of their findings, and are driven to correction only when 
their position is shown to be untenable. 

Every consideration of the nature of expert evidence and of hu- 
man nature would logically require that all evidence by the expert wit- 
ness of the two parties to the case first be presented after which the 
evidence should be considered, investigation made, and a finding 
reached by the experts of the commission. This arrangement would 
undoubtedly result in more just and equitable findings than under the 
conditions now widely extant. 

§ 98. Professional Duty. — The true aim of the profession of en- 
gineering is the establishment of truth. If the engineer, by his special 
knowledge, can assist in the establishment of justice he has a duty to 
perform that cannot be laid lightly aside. 

"If he is true to his profession, he will always give the results of 
his study, whether it bears for or against the side upon which he hap- 



Literature 143 

pens to be called. If he is not prepared to do that, or if the circum- 
stances of the case prevent it, then he is in duty bound to decline, or re- 
fuse to render his services. Th:s he may not always do; but if com- 
pelled to attend against his wishes, he cannot be said to be under any 
ob^-igations to either party to the suit, and may exercise his honest judg- 
ment, without prejudice or criticism. "^^ 

In accepting service as an expert witness, the engineer owes it to 
himself, to the public and to his profession to restrain his personal bias, 
retain his high ideals, and to lend his services only to the support of 
truth and justice. 

"The Golden Rule applies in expert testimony as every where else. 
Translated for this occasion this might say 'Do not make statements in 
giving testimony which vou would not be willing to support before any 
gathering of engineers.' "^^ 

LITERATURE 

Engineering and Architectural Jurisprudence. John Cassan Wait, John 
Wiley & Sons, New York. 

The Law of Evidence in Civil Cases. Burr W. Jones, Bancroft Whitney 
Co., San Francisco. 

Engineering and the Law. Discussion of origin and growth of the pro- 
fession and of law. Frank P. Medina, Jour. Assoc. Eng. Soc, 1905. 

Engineers and Architects, Their Power and Duties Considered from a 
Legal Standpoint. A discussion of Engineering Law. J. C. Bradford, Trans. 
Eng. Assoc, of South, Vol. 8, p. 10, 1897. 

Legal Engineering, Advantages of Lawyer Having Training in Engineer- 
ing. Editorial, Eng. Rec. Vol. 66, p. 650. 

Legal Liability of Architects and Designers. Robert N. Miller, Rose 
Technic, Vol. 25, p. 117. 

Expert Evidence. A discussion before American Institute of Consulting 
Engineers by Various Engineers. Pamphlet, Office of Secy., 101 Park Ave., 
New York. See also Eng. Rec. Vol. 66, p. 542, 

The Engineers Responsibility as an Expert. Editorial. Eng. Rec. Vol. 
57, p. 737. 

Engineering Services and Court Cases. Editorial. Eng. Rec. Vol. 60, 
p. 141. 

The Expert Witness. Editorial. Eng. Rec. Vol. 62, p. 533. 

On the Best Manner of Making Use of the Services of Experts in the Con- 
duct of Judicial Inquiries. Clemens Herschel. Eng. Rec. Apr. 9, 16-23, 1887. 



17 Engineering and Architectural Jurisprudence, Wait, Sec. 874, pp. 797-98. 

18 Prank H. Watermann in discussion on Expert Evidence before the 
American Institute of Consulting Engineers, Oct. 25, 1912. 



144 



Legal Relations 



The Scientific Expert in Forensic Procedure. Prof. Chas. F. Himes, Jour. 
Frank. Inst. June 1893. 

The Engineer as a Witness before the Courts. Jesse M. Smith. Sibley 
Jour, of Eng. Vol. 20, p. 265. 

The Surveyor in the Presence of the Court. Prof. J. C. Knowlton. Mich. 
Erg. Soc. Jan. 1901. 



CHAPTER IX 
ELEMENTS OF CONTRACTS 

§ 99. Explanation and Definition of Contracts. 

Contracts are the outgrowth of the daily association of individuals 
in a business capacity. If A agrees to do some lawful act for B in ex- 
change for a valuable return from B, whether services or other thing 
of value, both parties being competent to contract, A is under a legal 
obligation to B. This agreement between A and B is a contract. 

It should be understood from the beginning that contracts are not, 
as might at first appear, formal legal documents in writing filled with 
legal phraseology and entered into with a great deal of solemnity, for 
there are thousands of contracts executed every day where there is not 
a line of writing, a scrap of paper or anything but the spoken word or 
implication of action to evidence the contract. A calls his grocer B 
by phone and orders a dozen eggs. B delivers them to A's house ; A 
has then entered into a contract with his grocer, B. B has delivered the 
eggs to A and A by imputation of law is bound to pay B a reasonable 
price for such eggs. 

Practically every business deal is a contract and whenever money 
or other things of value are exchanged for some article of everyday 
need, such as a pencil, a bar of soap or anything of the kind, a contract 
is entered into and executed by the person purchasing and with the 
person from whom such articles are purchased. Contracts therefore 
are not the result of solemn and complicated legal documents but are 
common every day affairs. 

DEFINITION OF CONTRACTS 

"A contract is an agreement enforceable at law between two or more 
persons, by which rights are acquired by one or more to acts or for- 
bearances on the part of the other or others."^ 

Blackstone has defined a contract as "every agreement between two 
or more parties for the doing or not doing of some particular thing." 

§ 100. Classification of Contracts. 

I. Contracts may be executory, that is where an obligation is as- 
sumed by one or both parties to do or to forbear from doing some acts ; 



1 Clark on Contracts, 3d Edition, page 2. 



146 Elements of Contracts 

or they may be executed, that is where everything is done at the time 
of the agreement and no obHgation is assumed. 

Example of Executory Contract. — A agrees to deliver one ton of coal to B 
upon the promise to pay A $8.00 therefor. 

Example of Executed Contract. — A delivers a ton of coal to B and B pays 
him $8.00 therefor. It will be seen from the above example that an executory 
contract when fully performed becomes an executed contract. 

2. Contracts are also classified as bilateral and unilateral. Willis, 
on contracts, defines such contracts as follows : 

"A bilateral contract is an executory contract consisting of an ex- 
press promise of one legal right, and the counter promise of another 
legal right given in exchange therefor." 

"A unilateral contract is a half executed, half executory contract, con- 
sisting of an express or inferred promise of one legal right for another 
legal right." 

Example of Unilateral Contract. — A advertises that he will pay a given 
price per pound for all old magazines and paper delivered to him at a given 
place. B, acting on the advertisement, delivers to A at the place stated one 
thousand pounds of old magazines and newspapers and becomes entitled to 
payment therefor at the advertised price. 

Example of a Bilateral Contract. — A know^ing that B has one thousand 
pounds of old magazines and newspapers writes to B and offers him four 
cents a pound for these old magazines and newspapers, and B writes a letter 
in reply accepting the offer of four cents a pound for one thousand pounds of 
newspapers f. o. b. Madison. A wires stating that the terms are accepted 
f. o. b Madison. This constitutes a bilateral contract. 

3. Contracts are further divided into express, implied and quasi con- 
tracts. 

An express contract is a bilateral contract all of whose terms are as- 
sented to either in speech or writing. 

An implied contract, or an inferred contract as they are sometimes 
called, is a unilateral contract where either the act of acceptance or both 
the act of acceptance and the promise are inferred as a matter of fact 
from conduct. 

A quasi contract is not a contract but a legal obligation like a con- 
tract, created by implication of law. Quasi contracts are implied by 
law on the theory that it would be unjust to allow one to accept the 
benefit of labor or anything of value which belonged to another without 
refunding it or paying him for his services. If one acting under the 
mistaken impression that a debt is his own pays it, and it afterwards 
develops that it was the debt of another, the law implies a promise on 
the part of the other to repay the money so paid out. 



Classification of Contracts 147 

Example of Implied Contract —K offers a reward for information leading 
to the arrest and conviction of the person who set fire to his barn, and B 
makes an investigation and furnishes the information to A, which leads to 
the arrest and conviction of C for the crime. The acceptance of the terms of 
the offer are implied by the conduct of B and he becomes entitled to the reward 
offered. 

Example of Quasi Contract. — A, an engineer acting under the mistaken im- 
pression that B called him by phone and requested that he design a drainage 
system for his farm, when in fact it was C that called him, goes to the farm 
of B without the "knowledge of B and makes a survey and designs a system, 
plans of which he mails to B. C, who contemplated the drainage of his farm, 
used the system designed by A. There has been no actual contract between 
A and C, but A, expecting to be paid has done work of value for C, but with- 
out C's knowledge, but later C accepts the benefits of A's work and the law 
creates the contract and A may recover the value of his work from C just the 
same as though there had been an express contract for the work. 

4. Contracts are further classified as joint, several, and joint and 
several. 

"A joint contract is one in which the promisors are jointly bound, or 
the promisees are jointly entitled to the performance of a legal obliga- 
tion."2 

"A several contract in one in which either each promisor is individ- 
ually liable, or each promisee is individually entitled, to the perform- 
ance of /a legal obligation."- 

"A joint and several contract is one in which the promisees may elect 
to hold the promisors either jointly or severally, bound to perform a 
legal obligation."- 

In determining whether a contract is joint or several, the courts will 
determine the intention of the parties, and wherever possible, will con- 
strue it as joint or several as to the promisees, according as their inter- 
ests are joint or several. If the promise is by two or more, and is in 
the plural number, it will be deemed to be joint, and if in the singular 
it will be deemed to be several, unless the entire agreement shows a 
different intention. 

A subscription agreement, even though joint in form, will be con- 
strued as a several contract. 

Example of Joint Contract. — A and B sign the following note: "Six months 
after date we promise to pay X and Y, for value received, five hundred dollars, 
with interest at 6% per annum." A and B are jointly liable for the payment 
of the money and X and Y are jointly entitled to have the money paid to them. 

Example of Several Contract. — A and B sign the following note: "Six months 
after date, for value received, I promise to pay X and Y, to be divided 
equally between them, five hundred dollars with interest at six per cent per 



-'Willis on Contracts, Sec. 177. 



148 Elements of Contracts 

annum." A and B are each individually liable to X and to Y, and both X 
and Y are individually entitled to performance, each being entitled to the 
payment of $250 and interest on that amount. 

Example of Joint and Several Contract. — A and B sign the following note: 
"Six months after date for value received, we, and each of us, promise to pay 
to X five hundred dollars with interest thereon at the rate of six per cent, 
per annum." X is entitled to enforce this note against A and B jointly or to 
collect from either of them individually the full amount of the note with in- 
terest. 

5. Contracts are still further classified as valid, voidable, void and 
unenforceable. 

A voidable contract is one where one party to the agreement is not 
bound by it and may, at his option, avoid the contract. 

A void contract is one which creates no legal obligation. 

An unenforceable contract is one which is incapable of performance 
but is otherwise valid. It is sometimes called a contract of imperfect 
obligation. 

All contracts which do not come within the terms of the above defini- 
tions are valid contracts and are binding on both parties to the contract 
and may be enforced by law. 

Example. — A and B enter into a contract whereby A agrees to perform 
certain services for B for $10. If both parties are legally capable of contract- 
ing they have entered into a valid contract. 

If B is a minor, the above contract is a voidable contract as B, at his option, 
may refuse to carry out his part of the contract. 

If they contract to do some unlawful act, such as running a gambling 
game, the contract is void and creates no legal obligations whatever. 

Valid contracts, on which the statutes of limitations have run, cannot 
be enforced by suit and are therefore unenforceable contracts. 

6. Another classification that should be noted is that of parol con- 
tracts, which may be oral or written, and specialties, which must always 
be written. 

An oral contract is an express contract without other evidence than 
the spoken word. 

A written contract is an express contract evidenced by writing. 

A specialty is an express written contract under seal, that is a writ- 
ten contract to which the parties attached their seals, or to which they 
write after their signature the word (seal). It differs in no other way 
from an express executory contract. The seal being attached to the 
contract, raises the presumption that the agreement was executed with 
so much solemnity and deliberation, that it was founded on a sufficient 
consideration and therefore renders proof of consideration unnecessary. 
Under the common law certain classes of contracts were required to 



Essentials of Contracts 149 

be executed under seal. In many states in the United States the com- 
mon law has been adopted or slightly modified by statutes and requires 
that certain classes of contracts shall be executed under seal. For ex- 
ample, deeds, mortgages and bonds shall be under seal. 

Parol contracts are contracts not under seal, whether written or oral. 

§ loi. Essentials of a Modern Contract. 

Not every agreement between two or more parties is a contract, and 
in order to constitute a binding contract it is necessary that the agree- 
ment conform to certain legal requirements which are based on the com- 
mon law and a vast number of decisions in England and the states of the 
United States. The essential elements of a contract are briefly as 
follows : 

(i) There must be two or more contracting parties who are com- 
petent to enter into a contract. 

(2) There must be a mutual consent of the parties contracting, to 
the terms of the agreement. That is, there must be a meeting of minds 
of the parties to the contract. 

(3) There must be valuable consideration for the contract. That is, 
something of value must be given in exchange for its legal equivalent. 

(4) The subject matter of the contract must be lawful. 

(5) Whenever it is required by the statutes of frauds, there must be 
a writing. 

§ 102. Competency of Contracting Parties. 

Every contract must have two or more parties who are legally com- 
petent to enter into the contractual relations, for a man cannot enter 
into a contract with himself which will be enforceable at law. The 
following persons are, under certain circumstances, incapable of enter- 
ing into a valid contract : 

(i) Minors. 

(2) Persons of unsound mind. 

(3) Drunken persons. 

(4) Persons under legal guardianship. 

(5) Corporations, under certain circumstances. 

(i) Minors. By the word "minor" is meant any person under the 
age of twenty-one years. Minors are sometimes referred to as infants. 
Minors are capable of contracting for necessaries. What are neces- 
saries for a minor is dependent to some extent on his position in life. 
The term necessary includes anything which is reasonably needed for 
his subsistence, health, comfort and education, taking into consideration 
his age and condition in life. 



150 Elements of Contracts 

The following rules will be helpful : 

(a) The thing furnished must concern the person of the minor and 
not his estate. For example, he would not be bound by contracts to 
construct a building on land which he owns, nor for a subscription to 
stock in a railroad corporation, etc. 

(b) He is not liable for money which he borrows to spend for neces- 
saries unless the person loaning the money sees that it is so expended, 
because money is not considered as a necessary and one loaning the 
money must see that it is actually spent for necessaries. 

(c) He is liable for necessaries furnished his wife, and in some ju- 
risdictions for his children. 

(d) Persons supplying a minor act at their peril and cannot recover 
if the actual circumstances were such that the things furnished were 
not necessary. 

A contract entered into by a minor with any other party capable of 
entering into a contract is not a void contract, but is voidable at the 
option of the minor. The contract is binding on the adult person but 
may be avoided by the minor either during his minority or before he 
has ratified it after attaining majority. 

Such a contract may be confirmed by the minor after attaining his 
majority by his express ratification, by acts of his which merely show his 
intention to confirm the contract, or by his omission to disaffirm the 
contract within a reasonable time, if such omission is prejudicial to the 
interest of the other party or within the statutory period of limitation. 

Example. — A, a minor, entered into a contract with B by which A agreed 
to purchase a horse of B, and to make monthly payments of five dollars ($5) 
each, and to take possession of the horse when he had made payment of one- 
half the amount. If he continued to make payments after he became of age, 
this would be a confirmation of the contract by his act which would clearly 
show his intention to carry out the terms of the contract, and his election to 
be bound by its terms. Or, if having gotten possession of the horse before he 
attained his majority, he continues to keep the horse in his possession and 
does not make payment of the unpaid balance of the purchase price, but does 
not, either by express words or by his acts, show his desire to continue under 
the terms of the contract, his omission to disaffirm the contract being pre- 
judicial to the interests of the other party, the law presumes a ratification of 
the contract on the part of the minor. 

If a minor avoids a contract on which he has received money or prop- 
erty, he must restore it if it is in his power to do so. 

Where a minor has performed services in partial or entire execution 
of an express contract, and he avoids the contract, he may recover the 
value of the services rendered in an inferred contract. 



Competency 151 

(2) Persons of Unsound Mind. — A contract entered into by an in- 
sane person or a person of unsound mind is not a void contract but is 
voidable at the option of the insane person, or the person of unsound 
mind, or at the option of his legally appointed guardian, with the fol- 
lowing exceptions: (a) Contracts created by law are valid and bind- 
ing, and (b) contracts where the sane person acted fairly and in good 
faith and without any knowledge, actual or constructive, of the other's 
insanity if the contract has been carried out to such an extent that he 
can not be placed in status quo. 

In most jurisdictions, contracts made by a person who has been le- 
gally declared insane and placed under guardianship are void. Powers 
of attorney, appointment of agents and, in some jurisdictions, deeds 
when made by an insane person are void. 

As a general rule, contracts entered into by an insane person for 
necessaries are held to be valid. Contracts made with an insane per- 
son during an interval when he is sane are held to be binding. 

Contracts made by an insane person are simply voidable and may be 
ratified by such insane person when he becomes sane or may be ratified 
by his guardian during his insanity or by his heirs after his death. 

(3) Drunken Persons. — Contracts made by a drunken person when 
in such a state of intoxication as to be entirely unable to understand its 
nature and effect are voidable in his favor except that he is liable on 
contracts created or implied by law. If he is in a mild state of intoxi- 
cation and is capable of understanding, the same contract is valid unless 
the circumstances surrounding the execution of the contract are such 
as to raise the inference that it was obtained by fraud. The rules rela- 
tive to the ratification of a contract entered into by drunken persons 
are the same as those applying to a person of unsound mind. 

(4) Persons Under Legal Guardianship. — Persons under legal guard- 
ianship by reason of feeble mindedness, their being habitually drunkards 
or spendthrifts, or by reason of idleness or debauchery, are limited in 
their ability to enter into contracts in a manner similar to minors, per- 
sons of unsound mind, and drunken persons. 

(5) Corporations. — A corporation is an artificial person created by 
law, and is limited in its ability to enter into contracts by its articles of 
incorporation and by-laws, and general statutes limiting the powers of 
corporations. A contract with a corporation must be a contract which 
it is authorized to make and which is within the scope of its corporate 
powers as set forth in its articles of incorporation. It must be entered 
into for the corporation by its properly authorized officials, and must 
have been authorized by its legally governing body, usually a Board of 



152 Elements of Contracts 

Trustees or Board of Directors. A corporation may delegate the au- 
thority to enter into contracts on its behalf to one or more individuals, 
usually its president or manager. 

A corporation may contract for things within the scope of its powers, 
and things which have been authorized by the legally governing body in 
the same manner and under the same circumstances as a natural person ; 
and if the contract is within the powers of the corporation, when it is 
necessary or reasonably incidental to the purposes for which the cor- 
poration was created, and is not expressly prohibited, it is binding on 
the corporation. 

§ 103. Mutual Consent. 

It is essential to the validity of a contract that the parties thereto 
agree, and they must agree to the same thing. There must be an act- 
ual agreement and not simply an apparent agreement. Both parties to 
the contract must agree to the same thing, and where there is a mistake 
as to the nature of the transactions, in the absence of negligence on the 
part of the parties to the contract or to the persons with whom the con- 
tract is made, or as to the existence or identity of the subject matter of 
the contract, the parties have not agreed to the same thing and the con- 
tract is not binding and can be avoided on this ground. It cannot be 
avoided on the ground that a person was mistaken as to the law of the 
state for the laws of the state are accessible to every one and. they can 
ascertain what they are. 

(i) Offer and Acceptance Identical. — In order to create contractual 
relations there must be an offer on the part of one of the parties to the 
contract and an acceptance by the other party thereto. This offer must 
be accepted without qualification and without change or there is no 
contract. 

Example. — If A offered to enter into a contract with B, whereby A was to 
pay B $500 to design a drainage system for A's farm, the said designs to be 
completed by March 1, and B accepted this offer with the provision that he 
would design such drainage system for $600, the same to be completed by 
April 1, there would be no contract as the terms of A's offer were not accepted 
as they were given but were modified by B. 

(2) Time of Acceptance. — The offer must be accepted within a rea- 
sonable time and where a time limit is fixed in such offer, it must be 
accepted before such time limit expires. 

Example. — A wires offering B 1000 bushels of winter wheat at $1.15 a 
bushel f. o. b. Minneapolis. B waits a week and the price of winter wheat 
has gone to $1.50 per bushel, and wires an acceptance of the offer. The courts 
would hold that with a commodity such as wheat which was subject to sud- 



Mutual Consent 153 

den changes in mar"ket price, a week would be an unreasonable time and an 
acceptance at the end of that time would not constitute a contract. 

(3) Mode of Acceptance. — If a mode of acceptance is specified in 
the offer the acceptance must correspond to such mode. If an offer of 
a contract is made and specifies that the acceptance must be by wire an 
acceptance in person or by letter does not constitute a contract, and if 
the offer specifies a place of acceptance, acceptance at any other place 
is not sufficient. 

An offer and acceptance may be made by letter or by telegram as well 

as through any other agency, provided another method of acceptance is 

not specified in the offer. In other words, it is not necessary that the 

contract be reduced to a formal contract in legal form in order to have 

it valid and binding, but a series of letters and telegrams may form just 

as binding a contract as a written document drawn by a lawyer. 

Example. — A writes a letter to B on January 18, offering him 10,000 bushels 
of wheat at $1.15 per bushel f. o. b. Minneapolis. B wires back to A on the 
19th of January stating: "Your offer in letter of January 18 accepted. Letter 
follows." He then writes A the same day accepting his offer of 10,000 bushels 
of wheat at the specified price. These letters and telegrams constitute a 
valid and binding contract enforceable at law. 

(4) Revokation. — An offer is revoked by the death or insanity of the 
person making the offer, but if the offer is accepted prior to the death 
or insanity of the person making the same, this constitutes a contract 
which is binding on the executors, administrators, guardian or heirs of 
such person, provided the contract was not for personal services. 

(5) Misrepresentation. — If one party to a contract makes a state- 
ment which is in fact untrue but which he believes to be true, and this 
fact is a material fact or element in the contract, and the other believing 
the statement to be true and relying on the truth of it, enters into the con- 
tract, it may be avoided on the ground of misrepresentation. This is 
also true of a willful withholding or of nondisclosure of a material fact 
by one under special obligations to make the disclosure by reason of the 
fiduciary nature of the contract or the confidential relations of the 
parties. 

(6) Fraud. — "Fraud is a false representation of a material fact or 
nondisclosure of a material fact under such circumstances that it 
amounts to a false representation, made with the knowledge of its fal- 
sity or in reckless disregard of whether it is true or false, or as of per- 
sonal knowledge, with the intention that it shall be acted upon by the 
other party and which is acted upon by him to his injury."^ 



3 Clark on Contracts, 3d Ed., page 272, Sec. 139. 



154 Elements of Contracts 

The essential elements of fraud therefore are : 

(a) A false representation of a material fact. It is not sufficient 
that there be just a nondisclosure of a material fact unless the relation 
between the parties or the character of the contract makes it the duty 
of the party to disclose such fact or unless he took active measures" to 
prevent knowledge of the facts getting to the other party. 

(b) The representation must be as to a past or present fact, a mere 
expression of opinion or expectation, or an expression of intention, 
unless such intention does not as a matter of fact exist, is not sufficient 
to constitute fraud, nor is a false representation as to the law, as a rule. 

(c) It must be of a material fact, and a misrepresentation of an im- 
material fact even if made with fraudulent intent does not constitute 
fraud. 

(d) The party making the statement must know it to be false. It is 
held to have been made knowingly if it is said with reckless disregard as 
to its truth or falsity, or if the person making the representations had the 
means of ascertaining its truth or falsity and made the statement as of 
his own knowledge without endeavoring to find out, and, of course, if 
he makes a statement knowing it to be false. 

(e) It must be made with the intention that it will be acted on by the 
other party. It need not be made to the party himself but it must be 
intended to reach him and form a motive for his actions. 

(/) It must be relied upon by the other party and induce him to act, 
for no matter how fraudulent the representations, if the other party did 
not believe them and act on them he has not been defrauded. 

(g) The other must have suffered damage thereby. 

Contracts obtained through fraud are not void but voidable at the 
option of the injured party. 

(7) Duress. — If a person is compelled to sign a contract at the point 
of a gun or through threats of violence to him or some one whom he 
holds dear, he cannot be said to have consented to the contract but has 
been caused to enter into it by duress. The test as to whether or not 
there has been duress is whether the person really exercised a choice 
and exercised his own free wnll. 

Duress consists of the unlawful imprisonment or threat of imprison- 
ment of the other party or his wife, child, parent or other person for 
whom he has a deep affection, or the doing or threatening to do great 
bodily harm to such person, or the unlawTul seizure, detention or de- 
struction of the property of such person. A mere threat of a law suit, 
where the matter can be tried out by the courts, is not sufficient to con- 
stitute duress. 



Valuable Consideration 155 

Contracts secured by duress are voidable at the option of the injured 
party. 

(8) Undue Influence. — Undue influence consists in taking advantage 
of a special trust or confidence which is reposed in one to cause or in- 
duce the person so trusting or having confidence in him to enter into a 
contract which is unfair to such person, in taking advantage of the 
weaknesses, superstition, or necessities and distress of another. A con- 
tract induced by undue influence is avoidable at the option of the party 
injured. 

§ 104. There Must be a Lawful and Sufficient Valuable Considera- 
tion. 

(i) Definition: "Consideration ordinarily implies the giving of 
something for something, — quid pro quo. Theoretically and in princi- 
ple the consideration is supposed to represent a value equal to that rep- 
resented by the promise of the other party. * * * The law requires 
that the consideration shall have a legal value."* 

"A consideration is something esteemed in law as of value, in ex- 
change for which the promise in a contract is made."^ 

Considerations are of two kinds, ''good" and "valuable." A good 
consideration is one based on love, affection or blood relationship, 
and is founded on generosity or natural duty, a "good" consideration 
has been held not suflicient to support an executory contract. 

A valuable consideration is one where the law esteems that there has 
been an equivalent given for the act or promise, such as money, labor, 
a deed to land, exchange of promises to do something of value, etc. 

It frequently happens that deeds are made for a good as distinguished 
from a valuable consideration, and such deeds may, under some cir- 
cumstances be set aside in favor of creditors or others having rights 
against the person making the deed. 

(2) What Constitutes a Valuable Consideration. — A promise to do 
what one is already bound to do, or a promise founded on a thing al- 
ready done, a past consideration, will not as a rule be a valuable con- 
sideration. To constitute a valuable consideration a person must give 
or promise to give something of value, or he must give up, or promise 
to give up some legal right, as a promise not to sue or a promise to ex- 
tend the time of payment of a note, in exchange for some other thing 
of value ; for if A promises to extend the time of payment of a note 
without anything of value coming to him, the agreement is without con- 
sideration on the part of the other party. A promise of something or 



4 Brown, Lectures on the Law of Contracts, pages 14 and 15. 

5 Bishop in Contracts, 2d Ed., Sec. 38. 



156 Elements of Contracts 

an act of value in exchange for a promise of another thing or act of 
value is a valuable consideration. A compromise of a matter in dispute 
is a valuable consideration. 

(3) Gift. — A mere promise of a thing of value is void as it is not 
founded on a valuable consideration, unless there is something of value 
given in return and is simply a promise of a gift ; but if the promise is 
carried out and completed by the delivery of the thing, this amounts to 
a gift which, as between the parties, cannot be reclaimed. 

Every contract to be valid must be founded on a valuable considera- 
tion, except that in the case of sealed instruments and negotiable in- 
struments in the hands of innocent purchasers for value the question 
of consideration will not be inquired into. 

A sealed instrument, as before stated, from its form imparts a con- 
sideration, and a negotiable instrument because of its character, will 
not admit of an inquiry or otherwise it would be of little value as a 
negotiable instrument. 

(4) Sufficiency of Consideration. — When a contract is founded on a 
valuable consideration, the courts will not inquire into the sufficiency 
of the consideration. That is, it is not necessary to the validity of the 
contract that the exchange which constitutes the consideration should be 
things, acts or promises of equal value, excepting where a contract is 
for the exchange of sums of money. In such a case the courts will re- 
quire that the exchanges be practically equivalent. 

However, it should be remembered that a decided difference in the 
value of things exchanged may be strong evidence of fraud, and, if the 
question of fraud is raised, may be the controlling or deciding element 
in setting aside the contract. 

§ 105. The Subject Matter of the Contract Must be Lawful. 

If a contract is to be enforceable at law, the thing sought to be ac- 
complished by the contract must be lawful; the courts refuse to en- 
force a contract to do something that is not lawful and the illegality 
may consist either in doing something that is expressly forbidden by 
law, or something which is contrary to public policy. The principal 
classes of contracts opposed to law or to public policy are those : 

( 1 ) For the sale of public office, public contracts or for the bribing 
of public officials. 

Example. — A, a government official with power to appoint assistants, con- 
tracts with B that if he, B, will pay $100 A will appoint B as an assistant. 

(2) Which tends to deprive the court of jurisdiction or to compound 
a crime. 

"An agreement to refer to arbitration incidental and subsidiary mat- 



Legal Contracts 157 

ter in dispute, as a condition precedent to a right of action accruing, 
is valid, but if it goes so far as to completely oust the court of jurisdic- 
tion and substitute a forum of the parties own making, it is void because 
tending to endanger the tribunal established for the community as a 
whole."« 

Example of Compounding Crime. — A, being guilty of a theft, contracts with 
B, the principal witness for the state, to give B $1,000 to leave the country 
until after A's trial. This is a contract to compound a crime, that is to pre- 
vent the carrying out of justice. 

Example of Contract Depriving the Court of Jurisdiction. — A and B, who 
have entered into a contract for the construction of a building, agree that any 
dispute which may arise between A and B during the course of the work shall 
be referred to C, a disinterested person, for his decision as to the rights in the 
matter, and that the decision of C shall be final, and that neither party to the 
contract shall have a right to an action to determine his rights thereto. This 
agreement is plainly illegal because it tends to take away the jurisdiction of 
the court. 

(3) Contracts which tend to encourage litigation. 

Example. — A, knowing that B has a good case against C, contracts with B 
that if B will bring suit against C, A will furnish the funds to prosecute the 
suit and share whatever is received from C as a result of such suit. 

(4) Contracts for the committing of a crime or tort. 

(5) Agreements tending to promote fraud and breach of trust. 

Example. — A, an engineer, agrees with B, a contractor, that A will use his 
position as engineer of a large project to have the contract awarded to B, and 
that he, A, is to get a commission for such influence. 

(6) Which unduly affect the freedom or security of marriage. 

(7) Contracts in unreasonable restraint of trade and which tend to 
suppress competition at letting or sale by auction. 

Example. — An agreement not to bid at a public auction, if made for the 
purpose of stifling competition, is unlawful. 

"A general assignment or agreement to assign all invention there- 
after made by a party is not only contrary to public policy but is void 
under the patent laws of the United States. But a contract to assign 
future invention is valid where it relates to a particular subject and im- 
poses only such restraint upon the assignor as is fairly and reasonably 
necessary for the protection of the assignee under all the circumstances 
of the case. An illustration of such a reasonable and valid contract is 
a contract for the sale of letters patent for a machine "together with all 
improvement I may hereafter make."^ 



6 Willis on Contracts, page 133. 

7 Clark on Contracts, 3d Ed., page 392. 



158 Elements of Contracts 

(8) To pay usurious rate of interest. 

Example. — The laws of a state provide that no greater rate of interest 
shall be agreed upon or received than 10% per year. A and B agree upon a 
rate of interest of 12% per year. This contract is void as it is usurious and 
the court will not enforce the contract. 

In some states they refuse even to assist in the collection of the prin- 
cipal, and in most states they simply provide that the principal shall be 
repaid to the person from whom it was borrowed, and no interest at 
all is collectable. 

(9) Any agreement the object of which is to injure the public health 
or safety. 

Example. — If a contract is made, the object of which is to obstruct drain- 
age and produce unhealthful conditions and thereby depreciate the value of 
adjacent property, such contract is unlawful since it is an agreement preju- 
dicial to public health and consequently is against public policy. 

(10) Agreements to establish unlawful monopolies, trusts, etc. 
Example. — If dealers in a necessary commodity combine for the purpose of 

controlling the output of such commodities and increasing the price thereof, 
the agreement to combine is unlawful as against public policy, it being a com- 
bination monopoly or trust for the purpose of establishing a restraint on trade. 

§ 106. Statute of Fraud. 

The Statute of Frauds originated in England in what was known as 
29. Car. 2 C 3, and was entitled "An act for the prevention of fraud 
and perjury." This statute required certain classes of contracts to be :^ 

in writing, and it has been adopted in some form or other by every state j 

in the United States. The statute requires the following classes of i 

contracts, or a memorandum thereof, to be in writing and signed by the \ 

party or parties to be charged thereby, or by his or their lawfully author- ^ 

ized agent : j 

(i) A special promise of an executor or administrator "to answer i 

damages out of his own estate ;" that is, to render himself personally ! 

liable for the debts of the deceased. -i 

(2) "Any special promise to answer for the debt, default or mis- 
carriages of another person." This class of contracts arises most often 
in business deals in the form of suretyship agreements or contracts 
creating a guaranty. j 

(3) Any agreement made upon the consideration of marriage. 

(4) Any agreement which "is not to be performed within the space 
of one year from the making thereof." 

(5) Agreements for the sale of any interest in land or for the leasing 
of land for a period of more than one year. 



Statute of Fraud 159 

(6) Agreements for the purchase of goods, wares or merchandise for 
a price of fifty dollars or more, unless some payment has been made on 
such agreement, or a part of the goods has been delivered and accepted. 

Where contracts coming under the Statutes of Frauds are signed by 
agents, the authority of the agent must also be in writing and signed by 
the parties. 

§ 107. Interpretation of the Contract. 

In general, contracts will be construed so as to give effect to the real 
intention of the parties. In determining what such intention is, the 
following rules are used : 

The intention will be gathered from the entire contract, and if there 
is a contradiction between printed and written parts thereof, the writ- 
ten part will govern. 

If the contract is capable of two interpretations, one of which would 
render it void or incapable of performance and the other valid or capable 
of performance, the latter construction will be given it. 

Words are given their plain or literal meaning except that evidence 
of local usage may vary their meaning and technical words will be given 
their technical meaning. 

If there is doubt as to the meaning of the contract, the construction 
given it by the parties will be given weight. 

Words are construed most strongly against the party using them. 

§ 108. Penalties and Liquidated Damages. 

Contracts often provide that in case of a breach of the contract, the 
party aggrieved may collect of the other party a certain specified amount 
as liquidated damages, or simply damages. The courts will give effect 
to the intention of the parties provided the amount stated is, as a matter 
of fact, liquidated damages and not a penalty. 

In determining whether it is in fact liquidated damages, the courts 
will pay no attention to what the parties to the contract have called it. 
If the amount of damage is readily attainable and the amount stipulated 
is very much in excess of this amount, it will be deemed a penalty and 
therefore not enforceable. If it is indefinite and of uncertain value, 
the sum stipulated will be liquidated damages. It is not a penalty to 
make a debt, payable in installments, payable in whole on the failure to 
pay an installment when due. 

§ 109. Discharge of Contracts. 

It is probably just as important for the engineer to understand how a 
contract may be discharged as it is for him to know how to enter into 
a valid binding and legal contract. The ways in which a contract may 
be discharged are many, and especially in engineering work is it im- 



160 Elements of Contracts 

portant to have an understanding of some of these ways of dis- 
charging a contract. 

1. The Discharge by Performance. The most common method of 
the discharge of a contract is by performance of the contract in accord- 
ance with its terms. If the contract is fully performed by both parties 
thereto, all rights and all obligations under the contract cease to exist 
for both parties thereto. 

Tender of Performance. Contracts are often discharged by a tender 
of performance on the part of one of the parties thereto. In contracts 
calling for a money payment, the tender must be made in money. In 
such cases the person so making the tender is relieved from the pro- 
visions of the contract, provided the other party thereto has failed or 
refuses to do his part. If the tender is for a less amount than is ac- 
tually due on the contract, the other party thereto may recover the 
amount actually due together with costs. 

In case of tender of services where services only are contemplated in 
the contract, if the person to whom the services are tendered refuses the 
same, then the person so tendering the services is entirely relieved from 
any responsibility under the contract and may sue the other party and 
recover damages for the failure of the other party to comply with his 
part of the contract. 

Example. — A, an engineer, enters into contract with B, who is to erect a 
sewage disposal plant, whereby A agrees to perform the engineering services 
in connection therewith. Because of the city ordinance making it unlawful 
to erect a sewage disposal plant at the point agreed upon B decides to abandon 
the project. A offers his services to B who refuses them. The contract there- 
by is discharged so far as A is concerned and he may sue B for damages be- 
cause of his failure to live up to his part of the agreement. 

Where two parties are to act at the same time, neither party can col- 
lect from the other because of the failure of the other party to comply 
with the terms, unless he himself is ready and willing and offers to 
comply with the terms of the contract. 

Example. — A contractor agrees to purchase a dynamo from an electric 
company, the same to be of a special design and to be ready for delivery at a 
specified date. The dynamo is not ready on the date agreed upon and the 
contractor who was to have received the dynamo refuses to accept the dynamo 
when it was prepared later and sues the electrical company for damages. He 
cannot collect unless he can establish that he was ready and willing and 
offered to pay for the dynamo at the time when the same was agreed to have 
been delivered. 

2. Impossibility of Performance. Perhaps no method of discharg- 
ing the contract is of more interest to the engineer than this one. The 



Discharge of Contracts 161 

engineering contractor is continually running into conditions of soil, 
streamflow, climate and other conditions which could not have been 
and were not foreseen prior to the undertaking of the work, and it is 
important that he understands the effect of these unforeseen conditions 
on the contract before entering into such a contract. 

If the contractor contracts without reservation to do a certain piece 
of work in a certain way and within a given time he is absolutely bound 
by his contract to do the work in the manner specified and within the 
time specified, provided he has not made some provision in his contract 
for the extension of time or for extras for unforeseen conditions or un- 
less the person with whom he contracted has by his representations to 
the contractor practically warranted th^ conditions which will be en- 
countered in the work. 

Example. — A, an engineering contractor, contracts with B that he will con- 
struct the foundation for a structure of a general type and of approximately 
a given depth. In making excavations for the foundation he finds the soil 
conditions which make it necessary, in order to insure the safety of the foun- 
dation, to greatly enlarge the foundation planned by increasing the depth to 
which the foundation is laid, and this increase practically doubles the cost. 
The question now is, what is the effect of this unforeseen col Jition which 
practically renders the contract as originally contemplated impossible of 
performance. If he agreed in the contract without reservation to build the 
foundation to a certain depth to insure the safety of the structure, he must go 
ahead and complete the contract as originally contemplated. If, however, he 
provided in the contract that in case of conditions such as this he was to re- 
ceive extra pay, or that a new contract was to be entered into relative thereto 
v^hen the conditions were found, he then is excused from any further per- 
formance of the contract in that particular. 

If a contract is made for personal services and the person whose serv- 
ices were contracted for died, then the contract is discharged by the 
death of the person because of the impossibility of his rendering such 
services. 

If the subject matter of the contract, or the thing whose continued ex- 
istence is essential to the carrying out of the contract, is destroyed 
through no fault of the promisor, as by an act of God, then the contract 
is discharged. 

Where the performance of a contract is rendered impossible by a 
change in the existing law then the contract is discharged. 

Example. — If a brewery prior to January, 1919, had entered into a contract 
to deliver a given amount of its product for a period of ten years next succeed- 
ing the contract, the ratification of the National prohibition amendment to the 
constitution would have changed the law so as to render the contract im- 
possible of performance and the contract would thereby be discharged at the 
time when the law went into effect and rendered the same impossible. 



162 Elements of Contracts 

3. Substantial Performance. Another matter of vital interest to the 
engineer and the engineering contractor is the subject of substantial 
performance, for in most cases of engineering contracts there is not an 
exact performance of the contract but a substantial performance there- 
of. This is a highly technical subject and one which should be very 
thoroughly understood. It is impossible within the confines of this 
chapter to give an extended discussion of this matter, but engineering 
students should consult standard texts for a full discussion thereof. 

It is not necessary here to discuss or to define the technical meaning 
of substantial performance. It is simply necessary to state that by 
substantial performance, in a general way, is meant the practical com- 
pletion of the work so that no material parts thereof remain to be done 
or so that there have been no material alterations from the original con- 
tract. Wait, in "Engineering and Architectural Jurisprudence," says 
the question is not one of law but a fact for the jury, which determines 
whether the defect is technical or unimportant, whether there has been 
a substantial performance, and also whether the departure and omis- 
sions were intentional and willful. 

The right to collect for substantial performance of a contract is what 
is known as an equitable right as opposed to a legal right and it is a rule 
of equity that one seeking to enforce an equitable right must come into 
court ''with clean hands," that is he himself must not have been at 
fault. It follows therefore that if one has willfully departed from the 
terms of the contract or has intentionally substituted materials for other 
materials which were specified in the contract and which were available 
that he cannot recover in a court of equity. If, on the other hand, cer- 
tain materials were specified in the contract to be used or a certain 
method of doing the work was specified and the materials specified were 
not obtainable but another material, substantially of the same grade was 
obtainable, or if certain methods of doing the work were specified which 
could not be used beca ise of circumstances which arose and another 
method of doing the work which was substantially equivalent to the 
method prescribed was available and it was used, that would con- 
stitute a substantial performance of contract. 

Substantial performance is a question of fact for the jury and not a 
question of law, it therefore follows that the question as to whether or 
not there has been substantial performance depends in a great measure 
upon the character of the jury which may decide upon the particular 
question, and it is well for engineering contractors to keep in mind that 
there is the human element to deal with in all matters of this kind, and 



Discharge of Contracts 163 

in determining whether to bring a suit for collection on the grounds 
that there has been substantial performance, this should be considered. 

A contract may be so drawn that it consists of several distinct and 
separable parts and it often happens that one part of the contract which 
is separable from the other parts is fully performed and if the con- 
tractor quit work when that separable part was completed he may re- 
cover for the work so done. One of the tests of substantial performance 
is whether the structure is reasonably adapted to the purpose for which 
it was built, and it has been held that when the roof of an addition to a 
house is five inches too low, the mistake not affecting its appearance 
materially that the contract had been substantially performed (Overlies 
vs. Bullinger, 132 N. Y. 598) ; the defects of $275.00 on a $7,000.00 
job were held not inconsistent with substantial performance where the 
contractor tried to fulfill his contract (Valk vs. Mekenzie 16 N. Y. 
Sup. 741). 

4. Discharged by Agreement. A contract may also be discharged by 
agreement between the parties thereto. If the contract has not been 
performed by either party thereto, the same may be discharged by the 
mutual agreement of the parties, the consideration for the discharge be- 
ing the mutual release of each party by the other. Contracts may also 
be discharged by agreement by the making of a new contract between 
the parties to the old contract, the terms of which are inconsistent with 
the terms of the old contract or the terms of which provide that it shall 
be substituted for the old contract. A contract may also be discharged by 
a release under seal which imports a consideration or a release founded 
upon a sufificient consideration and signed by the parties to the contract 
or by changing the parties to the contract whereby a new party is sub- 
stituted for the previous one by agreement of all three of the parties to 
the substitution while the terms of the contract may remain the same. 
The party for whom the new party was substituted is thereby dis- 
charged from any liability and from all rights under the contract, pro- 
vided there has been no performance by either of the parties thereto. 

It often happens in an engineering contract that unforeseen condi- 
tions arise after the contract has been started and the parties to the old 
contract enter into a new contract which fits the new conditions. They 
are thereby discharged from the conditions of the old contract and 
bound by the conditions of the new one. 

It should be remembered that contracts under seal can be discharged 
only by agreement or release also under seal, and any contract under 
the Statutes of Frauds which is thereby required to be in writing must 
be released by an agreement in writing. If the statute of frauds does 



164 Elements of Contracts 

not require the agreement to be in writing, it may be released either 
orally or in writing even though the original agreement was in writing. 
One party to a contract who has performed his part of the contract may, 
for a reasonable consideration, waive his rights to the performance by 
the other party thereto. 

5. Discharged by Operation of Law. Contracts may be discharged 
by operation of law either by merger of one contract into another, altera- 
tion of the contract by one party thereto without the consent of the other 
party, or by the bankruptcy, either voluntary or involuntary, of one of 
the parties to the contract. Clark in his work on contracts, page 599, 
says : "Acceptance of a higher security in place of a lower merges or 
extinguishes the lower, but 

"(a) the two securities must be different in their legal operation, the 
one of a higher efficacy than the other. 

"(b) the subject matter of the two securities must be identical. 
"(c) the parties must be the same." 

Example. — If A and B enter into a contract whereby A agrees to purchase 
a certain tract of land from B and to pay him $1,000 therefor, if B later 
deeds the land to A upon the payment by A of the $1,000, then the simple con- 
tract for the purchase of the land merges with the deed as the deed is the 
higher form of security. 

Alteration of a Written Instrument. If one of the parties to a writ- 
ten contract alters, or causes to be altered, material parts of the contract 
without the consent of the other party thereto, the other party to the 
contract will be discharged of all liabilities under the contract but will 
be entitled to any benefit accruing therefrom. If the instrument al- 
tered is a negotiable instrument and is altered by the party holding the 
same, the parties liable thereon are relieved from all liability thereunder 
unless the instrument is later negotiated and gets into the hands of an 
innocent purchaser for value who may then enforce the original ob- 
ligation of the contract. Alterations on notes, bonds, checks and ne- 
gotiable bills of lading and other negotiable instruments come within 
this class. 

Discharged by Bankruptcy. Under the bankruptcy laws of the United 
States any person who has been declared bankrupt and whose estate 
has been administered and who has received a discharge in bankruptcy 
will be relieved from all liabilities and all contracts of whatever nature 
which he has entered into prior to being declared bankrupt. 

6. Discharged by Breach of Contract. If either party to a contract 
either announces his intentions not to fulfill the terms of the contract or 
wholly or partly fails to perform some of the conditions of the contract, 



Discharge of Contracts 165 

there is a breach of the contract which gives rise to rights on the part 
of the injured party either to give him a right of action against the other 
party or in some cases he may apply to a court of equity for a specific 
performance of the contract. In the case where a person contracts for 
the conveyance of land upon the payment of certain money if the person 
agreeing to pay the money is ready and willing and tenders the money, 
and the party who agreed to convey the land refuses to convey it, the 
injured party may then go into a court of equity and the court will enter 
a decree compelling the conveyance of the land to the party to whom the 
land was agreed to be conveyed. As a rule a breach of the contract by 
either party thereto discharges the contract and relieves the other party 
to the contract from all liabilities thereunder and gives him a right to 
sue the party so failing to fulfill the terms of the contract for damages 
for such breach. 

(7) Discharged by Statute of Limitation. The laws of the several 
states of the United States also provide that certain contracts must be 
sued upon within a given time after the right of action arising under the 
contract has accrued or else all liability thereunder ceases. If A gives 
a note to B for $50.00 payable one year after date, B acquires the right 
to sue A at the end of the year on the note. If the statutes of the state 
provide that the action on such note must be commenced within six 
years after the cause of action accrued if the action is not commenced 
within six years from that time then B cannot recover from A the 
money loaned on the note and the contract is discharged through a 
lapse of time. Or, if the instrument is a sealed instrument, the statutes 
of limitation usually run for 20 years, that is if an action arose upon a 
contract under seal and a breach of the contract was made on the first 
day of January, 19 10, action to recover damages on the contract must 
be commenced on or before the first day of January, 1930, or if action 
was not commenced the contract provisions and all liabilities and 
rights thereunder would be discharged on the first day of January, 1930, 
by a lapse of time. 

Remedies for Breach of Contract. Where there has been a. breach 
of contract, certain rights are acquired by the injured party. He may 
either sue and recover damages actually sufifered by him or he may enter 
into an agreement with the other parties of the contract to accept a cer- 
tain amount in payment of the breach. This is commonly known as an 
accord and satisfaction and the usual method pursued then is for the 
injured party upon the payment agreed upon to give a formal release 
of the contract and all liabilities and rights arising because of the breach 
of the contract to the other party so paying the money. 



166 Elements of Contracts 

Where the injured party sues and recovers a judgment against the 
other parties thereto, that operates as a discharge of the contract and 
gives rise to new rights on the part of the injured party and new liabili- 
ties on the part of the other party to the contract which may be inforced 
by judicial procedure by attaching -the property of the party against 
whom the judgment is obtained and selling the same to pay the amount 
recovered in the judgment. 

LITERATURE 

The Laws of Contracts — John C. Wait (John Wiley & Sons). 

Engineering and Architectural Jurisprudence, Laws of Construction — 
John C. Wait (John Wiley & Sons). 

Miller on Contracts— H. E. Miller (The Keefe-Davidson Co.). 

The Law of Contracts — Alexander Haring (The Myron C. Clark Pub. 
Co.). 

Clark on Contracts — Wm. L. Clark, Jr. (West Publishing Co.). 

The General Principles of the American Law of Contracts — R. M. Ben- 
jamin (The Bowen-Merrill Co.). 

The Principles of the English Law of Contracts — Sir W. R. Anson (Cal- 
laghan & Co.) 

Cases on the Law of Contracts — W. A. Keener, 2 Vols. (Baker Voorhis 
& Company) . 

Contracts in Engineering — J. I. Tucker (McGraw-Hill Book Co.). 

Engineering Contracts and Specifications — J. B. Johnson (McGraw-Hill 
Book Co.). 

Bishop on Contracts— J. P. Bishop (T. H. Flood Co.). 

Lectures on Law of Contracts — J. M. Brown, Washington, D. C. (Pub- 
lished by author). 

Government Contracts — ^C. F. Carusi (Callaghan & Co.). 

Laws of Business — Theophilus Parsons (The S. S. Scranton Co.). 

Manual of Commercial Law — Edward W. Spencer (The Bobbs-Merrill 
Co.). 

Business Law — Thomas R. White (Silver, Burdett & Company). 



CHAPTER X 

DAY LABOR AND CONTRACT SYSTEMS OF CONSTRUC- 
TION 

§ no. Business Methods. — Two systems may be employed in 
the construction of public and private works. 

First: The day labor system, in which an organization consisting 
of superintendents, foremen, mechanics and laborers is employed and 
the material purchased by the municipality or owner and the work is 
undertaken independently of contractors. 

Second: The contract system by which men or firms who make a 
business of construction are employed under some form of contract 
to undertake the work. 

Each of these systems has its advantages and disadvantages. 
Each may be entirely satisfactory under certain conditions and very 
unsatisfactory under other conditions. The choice of system must de- 
pend on the selection of the lesser of two evils when all conditions are 
considered. From the point of view of the parties having the work 
done the choice will be made of the system which will secure the lowest 
cost of construction, the best workmanship, promptness of construc- 
tion and the elimination of contingences to the greatest degree. 

It is important for the owner that the actual cost of the work 
should be closely known in order that he may determine whether 
the work can be financed and whether its construction will be war- 
ranted by the results that will be obtained from the investment. 

The contractor is equally interested in the cost in order that he 
may definitely know that he can complete the work for a given sum 
and with a certain profit. Both owner and contractor are interested 
in a definite knowledge of all of the conditions involved in order that 
it may be possible to closely estimate what that actual cost will be. 
The owner often assumes that he can eliminate uncertainty by inducing 
the contractor to assume all responsibilities, take the risk of all uncer- 
tainties and undertake the construction at a fixed sum. This can be 
and frequently is done, but for such service as well as for all other 
services, payment must be made, and the prices paid for work per- 
formed under such conditions are usually excessive. 

When the nature of the work is such that its character and extent 
can be accurately defined and when plans and specifications for such 
work are so prepared that they are clear and complete, the uncertain- 
ties are largely removed and contracts let to responsible and experi- 



168 Day Labor and Contract Systems 

enced contractors are usually satisfactory. When, however, the con- 
ditions are indefinite and indeterminate, as they may be in hazardous 
and novel construction because of incomplete investigation of conditions 
or from imperfect and indefinite plans and specifications, any estimate 
made must be more or less uncertain and will involve a serious risk. 
Such conditions must result either in exorbitant prices or the assump- 
tion of serious risks at a low price by contractors, who, under such 
conditions are apt to be more or less inexperienced and irresponsible. 
In the latter case, especially if the risk assumed by the contractor is 
realized to his detriment, there is a strong tendency for him to en- 
deavor to recoup his possible losses by furnishing and doing as little 
as he can under his contract. This often results in disagreements and 
litigation and quite likely in poor work and general dissatisfaction. 

In the fixed sum contract the interests of the owner and con- 
tractor are, in the main, directly opposed. The owner's desires are as 
previously outlined. The contractor's interest lies between a desire to 
obtain maximum profit and to establish or maintain a reputation for 
honesty, efficiency and ability. The latter desire will induce the re- 
sponsible contractor to carry out his contract even at a loss but is in- 
sufficient for such purpose with an irresponsible man. 

The day-labor system seems to offer a way of avoiding the diffi- 
culties of securing proper work under the contract system. Here, 
however, the owner exchanges the uncertainty of the honesty, ability 
and experience of the contractor for similar uncertainties in regard to 
an organization w^hich he may have to establish for the special work at 
hand. In many cases he may find that the evils he has assumed are as 
great as or greater than those which he has elected to avoid. 

The problem then is to choose such business methods of construe^ 
tion as will avoid these difficulties so far as practicable. The answer 
is not apparent and indeed cannot be always the same, for the difficul- 
ties in various undertakings are so different that they must be met in 
each case in a different way and as the circumstances seem to warrant. 

§ III. Uncertainties in the Cost of Work. — Difficulties, to be 
eliminated, must first be recognized, and one of the greatest difficulties 
in the way of securing the construction of work at reasonable cost lies 
in the uncertainties as to what that cost may be. These uncertainties 
arise from various factors which are here briefly outlined. 

A. The Engineer. — To the owner who proposes to undertake the 
construction of a plant or other piece of work, the uncertainty involved 
in the selection of an engineer is not the least of his troubles nor an un- 
important factor in the expense of his undertaking. IMuch depends 
upon the honesty, integrity, judgment and ability of the engineer. For 



Uncertainties in Cost of Work 169 

the best results, he must be a man who will make the interests of his 
client his own interests so far as equity will permit ; his honesty and 
integrity must be beyond question ; his judgment must be developed by 
knowledge and experience ; he must have the ability to design econom- 
ically and to supervise intelligently the construction proposed ; he must 
have sufficient self-knowledge to recognize this own strength and his 
own weakness, and sufficient character to subdue his personal pride 
and to demand and secure adequate advice on the subjects on which 
such advice is needed. An engineer with all such attributes is seldom 
available and such qualifications can only be approximated. No for- 
mulas can be offered for his successful selection. Careful inquiry 
among those who have had similar work performed, and observation 
of the ability developed by men in similar work, are the best bases for 
such selection. 

An engineer may be highly successful in one field and be a serious 
failure in some other which is radically different. It lies within every 
young engineer to develop these attributes of success to a greater or 
less degree ; much will depend upon his individual will-power to make 
himself available for responsible service. 

To the contractor, the engineer is an equally important element of 
uncertainty, especially where local conditions are unknown, plans and 
specifications are incomplete, and the contract places large discretion- 
ary powers in the hands of the engineer. Is the engineer honest, ex- 
perienced and competent? Is he inexperienced, arbitrary and unfair? 
Will he shoulder his own mistakes or cover his errors, so far as pos- 
sible, at the contractor's expense? The answers to these questions 
would remove one of the greatest uncertainties in the cost of work to 
the contractor; but unless the contractor has had previous experience 
under the same engineer, these questions can be answered only by ex- 
perience. 

B. Local Conditions. — Complete information covering local condi- 
tions, full and complete specifications, a fair contract and provisions for 
the arbitration of disputed questions will remove much of the uncer- 
ta'ntv. These can be removed to a greater or less extent by thorough 
investigation which should be imdertaken by technical experts employed 
bv the owner. The results of the investigation should be made avail- 
able to those who undertake the construction, who should also be re- 
quired to make such additional examination and investigations as will 
give them a personal knowledge of the conditions involved, so far as 
practicable. 

C. Plans. — Complete and definite plans can be based only on a 
complete and definite knowledge of the local conditions. They must 



170 Day Labor and Contract Systems 

be indefinite to the extent that the knowledge of the conditions are in- 
definite. Complete, definite and proper plans can be prepared only by 
those who have sufficient knowledge and experience. Indefinite plans 
are frequently the result of indefinite information as to what should 
be required. 

D. Specifications. — Specifications, like plans, are dependent upon 
both a knowledge of conditions and a knowledge of how the conditions 
should be met in order to secure the results desired. Their proper 
preparation is further complicated by the difficulty of so expressing 
the meaning and intent of the writer that they will clearly convey the 
same to the reader, and by the fact that their meaning may have to be 
interpreted under conditions which were not foreseen. 

E. Contingencies. — Even when a fairly thorough preliminary in- 
vestigation has been made, and where complete and definite plans and 
specifications have been prepared, contingencies cannot be eliminated 
although they will have been reduced. No reasonable investigation 
can be so complete that it will disclose all conditions that may develop 
during construction. If some contingencies become of minor import- 
ance on account of well defined local conditions, other contingencies 
may arise. Weather conditions may prove unpropitious and cause in- 
creased expense. Continuous rains may set in and delay work and 
cause more or less damage. Severe cold weather may reduce output 
and require protection in the performance of the work. Floods may 
come and cause great damage, and even tornadoes or heavy winds have 
added to the toll of extra expense which could not be foreseen. 

F. Casualties. — Construction work is frequently accompanied by 
casualties more or less serious. These can be greatly reduced by care 
and watchfulness, but mankind will never become sufficiently reliable 
to eliminate them altogether. On construction work, every man is de- 
pendent for his safety on his fellow men, who are more or less 
careless and unreliable, and on tools, machinery and apparatus that are 
liable to contain unknown and serious defects. The results are in- 
juries or death, and damages and destruction, all of which add to the 
expense involved. 

G. Transportation. — Almost every structure is dependent to some 
extent on transportation for its prompt construction and cost. This 
will probably be satisfactory but may cause trouble. The possibilities 
of freight congestion, misshipments, wrecks and various disasters add 
to the uncertainty and expense. 

H. Equipment. — The satisfactory completion of construction de- 
pends upon promptly securing the proper equipment for construction 
purposes as well as the necessary equipment for the project to be con- 



Uncertainties in Cost of Work 171 

structed, both of which involve more or less uncertainties because 
others than the principals to the construction are involved. Manu- 
facturers may have other orders that have precedence or may be unable 
to secure the materials necessary for making the equipment, and many 
other causes make this an item of extra expense. 

/. Material. — To secure material when needed and at a reason- 
able price is often a serious difficulty. Both items must be ascer- 
tained as a basis for a cost estimate, but as an ordei^ can seldom be 
placed at the time the estimate is made, both delivery and cost may 
change before construction is possible. 

/. Supervision. — It is exceedingly difficult to secure suitable su- 
pervision for construction work. Firms having an extensive business 
usually keep a number of dependable men on whom, from their previ- 
ous experience, they can reasonably rely. Even such firms cannot 
keep all of the superintendents, foremen, etc., that they need when 
business is at its best ; and they must depend on their ability to select 
and secure suitable men for temporary positions. The problem be- 
comes more difficult and uncertain when an entire force is to be organ- 
ized for the purpose of a single construction. 

Letters and recommendations may assist in the selection of such 
men, but there is no way by which actual fitness can be determined ex- 
cept by trial, and repeated trials are often necessary. A superintend- 
ent or foreman who is inexperienced or unsuited to a certain position, 
may and frequently does add greatly to the expense of the construction. 

K. Labor. — Skilled and unskilled labor is one of the important 
variables in the cost of construction. The ability to secure suitable 
men in sufficient numbers for the prompt completion of construction 
will greatly reduce cost. When men are in great demand they are 
hard to secure, the force employed becomes inadequate and not only is 
the work delayed and the cost of supervision increased, but the men 
themselves become less efficient. When jobs are scarce and hard to 
find, the men on the work are attentive and efficient ; but with plenty 
of work and labor in demand, they become independent and inefficient. 
The price of labor advances and the amount performed per individual 
becomes less. These changes frequently occur after an estimate is 
made and must be considered as serious uncertainties in all estimates. 

L. Combinations. — Illegal combinations are among the uncertain- 
ties that will cause extra expense in construction. Combinations of 
contractors, material men and manufacturers are not unknown, and 
often seriously afifect prices. They can seldom be proved, but they are 
often no less real. They can often be recognized only by a very defi- 



172 Day Labor and Contract Systems 

nite knowledge of actual values, and their effects on cost can some- 
times be obviated only by the rejection of offers and the refusal to 
proceed until such condition can be eliminated. 

M. Graft. — The form of dishonesty known as "graft" is more 
common to public than to private work, because the opportunities in 
public work are greater. It results from private combinations of dis- 
honest men who have some influence which can be used to secure the 
acceptance of unfair prices or unfair work, and a consequent dishonest 
profit which may be divided among them. No high grade contractors 
or engineers, worthy of the name, ever enter into such dealings, and 
while this disreputable defect in business relations is still occasionally 
encountered and still needs watchful attention, it is believed to be less 
common than is popularly supposed. 

A^. Politics. — This evil creates some of the most important uncer- 
tainties in the cost of construction of public works. It sometimes re- 
sults in forms of graft which have been previously mentioned but it 
often takes forms which, while objectionable, hardly justify so severe 
a title. 

Political influences are commonly exercised to secure appoint- 
ments of superintendents, foremen and inspectors who are unqualified 
for the work, and labor that is ineflicient or incapacitated. They may 
be exercised to reduce hours of labor and to increase unduly the com- 
pensation paid. The reasons behind this may sometimes be laudable, 
as for example, the desire to improve labor conditions, the desire to 
afford work to the unemployed ; or they may be unscrupulous when ex- 
ercised for personal influence. In any event, politics is one of the seri- 
ous uncertainties which must be considered in the cost of public works. 

To the above might be added legal complications, and perhaps 
other factors which are only indirectly covered in the above analysis. 
Enough has been said, however, to present fairly the difficulties in the 
case. Were all of these factors present in every piece of construction, 
the chances of making estimates that would be reasonably close to the 
actual costs which could be secured by any method of construction, 
would be very remote. 

§ 112. Force Account Construction. — The construction of engi- 
rieering work by force account independent of contractors, eliminates 
certain difficulties involved in work let under a contract, but introduces 
other difficulties often no less serious. The responsibility for the con- 
struction and for the cost of the work is placed on such organizations 
as the owner or municipality may create for the purpose, and the re- 
sult depends largely on the efficiency of such an organization. Where 



Force Account Construction 



173 



the work is continuous there is no vaHd reason, except the local condi- 
tions, why such an organization may not be established on a business 
basis and accomplish results which are fairly comparative with the re- 
sults which can be accomplished by work done under contract. The 
possibility of creating an efficient organization is, therefore, the prin- 
cipal point to be considered. 

In public organizations there is always the danger that there may 
be interference in the personnel of the organization and in its activities 
which will seriously handicap and injuriously affect its efficiency. In 
such organizations, especially in public work, there is not the per- 
sonal responsibility for accomplishing proper work at the lowest first 
cost that obtains in works let by contract. There is no personal in- 
centive to keep the construction cost at the lowest price in order that 
there shall be no personal losses and a maximum of personal gain. 
Frequently this lack of responsibility is felt in common by all engaged 
on the work, from the laborer to the highest authority. Excessive 
cost is commonly excused on the basis of supposedly better and more 
satisfactory construction. 

The advantages and disadvantages of force account as applied to 
public works are analyzed by the author as follows : 

Day-Labor or Force- Account System for Public Work. 
Advantages. Disadvantages. 



1. Employment of local labor. 

2. Saves contractor's profit. 

3. Eliminates scamping and ineffi- 

ciency of contractor. 



4. Eliminates difficulty of drawing 

contracts for complex construc- 
tion. 

5. Permits flexibility and ease of 

modifying plans. 

6. Saving in cost of inspection. 



1. Politics, higher wages for labor, 

shorter hours, and less efficient 
labor. 

2. Usually entails greater actual cost 

of construction. 

3. Introduces inefficiency of superin- 

tendents and foremen due to 
lower wages and political influ- 
ences in appointments. 

4. Difficulties more fancied than real 

and can be overcome by em- 
ploying efficient and experi- 
enced engineers. 

5. Leads to careless investigation 

and design and unsafe esti- 
mates. 

6. No real saving possible, inspectors 

are necessary to prevent care- 
lessness by foremen. 

7. Difficulty of fixing responsibility. 

8. Tendency to maintain organiza- 

tions when not needed. 



174 Day Labor and Contract Systems 

Under favorable circumstances and for certain purposes the ad- 
vantages may offset the disadvantages, but such conditions are Hmited. 

Mr. H. P. Eddy, who investigated the efficiency of certain city de- 
partments of Boston for the Boston Finance Commission, presented 
a paper before the Boston Society of Engineers which gave much 
pertinent information on this subject. 

In order to determine the general practice of cities doing work 
on extension of water pipes and sewerage systems by day labor or by 
contract, the following information was obtained: Of fifty-eight cities 
reported concerning the methods used for water pipe extension one- 
third were doing work by contract, but outside of New England forty- 
eight per cent were doing the work by contract. Of seventy-three 
replies in regard to methods used for sewer construction fifty-two 
were doing work wholly by contract, but outside of New England 
forty-eight of fifty-one cities reporting were doing work by contract. 
In Massachusetts seventeen out of eighteen reporting were doing 
work by day labor. While recognizing the abuses in the contract sys- 
tem, Mr. Eddy, nevertheless favored that system on account of the 
greater abuses in the day-labor system. In work done by day labor 
he found a strong tendency through political influences to employ 
older and less efficient labor, to increase wages above the compara- 
tive wages paid by contractors, to shorten hours, to pay wages for 
Saturday half holidays, general holidays and during sick leave, and 
by such means to greatly increase the cost of construction. In a 
comparison ,of eight comparable pipe sewers laid in Boston by day 
labor and by contract he found the additional cost of work done 
by day to be from 48 per cent, to 220 per cent, of the cost of similar 
work done under contract. Similar figures and conclusions can be 
drawn from various sources, and while, in some cases, evidence is 
available to the contrary, such cases are believed to be the exception 
and not the rule. 

Where the manager of work done by force account is directly re- 
sponsible to an owner who gives personal attention to the expendi- 
tures involved, the objections enumerated above become less valid and 
better results can commonly be secured. When, however, an organ- 
ization is effected for the purpose of a single construction, the manage- 
ment is confronted with the difficulties of securing suitable, experienced 
and efficient supervision. The best superintendents and foremen are 
commonly permanently engaged with contractors who have a per- 
manent and continuous business, and men so employed do not care to 
break such connections for a position which can be at the best only 
temporary, and which may leave them at the close of the job without 



Force Account Construction 175 

permanent connection. This factor is so important that in order to 
secure good men it is usually necessary to pay excessive salaries. The 
manager is at the further disadvantage of having no personal and inti- 
mate knowledge of the capacity and reliability of the men he must em- 
ploy, and he must frequently secure them only to find that they are un- 
suitable for his purpose and are available only because their idiosyn- 
crasies have made them unsatisfactory for permanent connections. 

Another serious handicap is the necessity of purchasing an entire 
construction plant and tools for a particular job, which at its close can 
be sold only at a considerable sacrifice. Even the purchase of such 
equipment requires extensive experience and knowledge of the par- 
ticular contract involved. 

The engineer, or whoever must undertake the responsibility of 
carrying out work of construction en this system, should fully appre- 
ciate his responsibility and the probable effect of any failure on his 
client's welfare and on his own reputation and future prospects. Such 
v/ork should be attempted on^y by those who have had actual and ex- 
tensive experience, and who have a detailed knowledge of men, equip- 
ment, and business methods which are not commonly acquired with an 
engineering education. 

§ 113. Contract at a Fixed Price. — The oldest and most com- 
mon method of letting work under contract is by receiving competitive 
bids of fixed prices. These may be either lump sums or unit prices 
on each of a number of items which together constitute the entire work. 

Contracting on a basis of either a lump sum or of unit prices is 
subject to the objection that the interests of the contractor and of 
the owner become at once antagonistic. It is the owner's purpose to 
secure the best quality of work and material at the prices paid, while 
the natural purpose of the contractor is to do the work as cheaply as 
possible and to economize in both the character of material and ex- 
pense of labor, so far as the conditions permit. 

If the contractor is a man of character, experience and reputation, 
and if his proposal has been based on definite and clear plans and 
specifications, his agreed price will contain a sufficient profit to assure 
the execution of the work in a satisfactory manner. If, however, he is 
unreliable and inexperienced, and places the desire for profit above 
reputation, he may take the work at such a price as to assure a loss if 
he fulfills his contract. In this event, or possibly in any. case, the letting 
of construction work to such a man will involve constant trouble, and 
usually produce poor results. Work let under contract should, so far 
as possible, be let only to men of experience and standing. 



176 Day Labor and Contract Systems '^ 

In any but the simplest forms of work that can be clearly and 
definitely planned and specified, unit prices rather than a lump sum 
should be required. The letting of work for a lump sum may lead to 
exorbitant payments for any extra work required. Where a lump sum 
is bid and a change in the work is made, a supplementary contract must 
be drawn and a readjustment made in the price to be paid. In such 
cases the contractor has a distinct advantage, for his compensation is 
fixed and his own price must usually prevail for any extra work in- 
volved. The lump sum contract gives no information as to what the 
contractor regards as a fair price for each item of the work he is to 
perform, on which information the deductions for work omitted and 
the extra payments for work performed might be based. While new 
work under a contract may be done on the basis of force account, such 
a method under contract conditions is usually unsatisfactory. The 
labor will usually be inefficient. When the laborer knows he is work- 
ing for the company, the state or the city, his incentive to do his best 
is gone, for all lost time simply adds to the profit of his employer. For 
this and other reasons, force account work under contracts should be 
avoided wherever possible, and it can be largely avoided by the use 
of the unit price system of bidding, which can be used for extra work 
arising out; of change of plans. Force account also means added 
work for the engineering department and careful supervision to see 
that the pay roll is not padded. 

Notwithstanding its disadvantages, the fixed price system of con- 
tracting has been found the most practicable method for general con- 
ditions. It is based on the same principles as other similar business 
transactions and therefore appeals to the majority of business men. 
It also has some additional advantages to the owner in that while the 
actual cost may be high, a definite limit is fixed, the cost is known be- 
fore the work is begun, and if the price is too high the work need not 
be undertaken. 

When business men undertake to construct a plant or to erect 
a building, they naturally proceed in the same manner that they would 
follow in other business undertakings. They commonly neglect to 
consider the fact that they are beginning an undertaking of which 
they are ignorant and are depending on a personal advisor and 
his ability to design, supervise, and secure adequate construction. In 
such cases, invitations to bid are usually confined to responsible con- 
tractors, but an endeavor is made to let the work at the lowest practic- 
able price in order that they may secure the most for their money, as 



Contract at Fixed Price 177 



in other business transactions. With complete plans and specifica- 
tions, properly and clearly prepared, the results are fairly satisfactory. 

When for any reason the price bid is too low to cover the cost of 
the work, the problem of securing proper construction at an unfair price 
arises. Many contractors under such circumstances will face the loss, 
and complete the work in first class and satisfactory manner ; but it is 
also true that there are many others who will take every advantage 
possible in order to effect a saving. When the work is of a well known 
character and the services to be rendered are thoroughly defined, a 
lump sum contract is unobjectionable; but as soon as serious elements 
of hazard enter the undertaking, such a contract becomes uncertain 
and must either be taken at an exorbitant figure or at a great risk of 
loss. Under such conditions, either the force account system or some 
other form of contract becomes desirable. 

§ 114. Excessive Waste in Competitive Bidding. — The expense 
to contractors in estimating on work which they do not secure, results 
in a great economic waste from competitive bidding as it is now con- 
ducted. The Illinois Chapter of the American Institute of Architects 
in 1907 gathered statistics from five representative contractors who 
made competitive bids for buildings, costing from $100,000 to $150,000. 
From these statistics it appears that the average number of contracts 
estimated by each builder was seventy-two, and the average number 
of contracts taken, ten. The average expense of each estimate to the 
general contractor was $125 and in addition the expense incurred by 
subcontractors and material men was $378, making a total of $503 
spent on each estimate by the contractor, subcontractors and material 
men. In addition to this expense, the head of each firm spent an av- 
erage of twenty-one per cent, of the total time given the office business 
on these estimates. The average number of general contractors esti- 
mating on each building was approximately six, making a total cost of 
$3,018 on each building or from two to three per cent, of the cost of 
the building. 

Taking the total number of estimates made for the five contractors 
and deducting one-third for subcontractors' estimates used in com- 
mon by the general contractors, leaves approximately $120,000 as the 
total cost for estimates made on all work by these five firms. As the 
five contractors secured a total of fifty contracts, the expense of the 
bids from which work was secured was $25,150 and the expense in- 
curred for estimating contracts which were not secured was $95,000, 
which amount was a dead loss to the five contractors, subcontractors 



178 Day Labor and Contract Systems 

and material men in one year. This loss must be met indirectly, in the 
long run by the owners of the buildings erected. 

The committee in making this investigation estimated that in 1906, 
$63,000,000 in building work was done in the city of Chicago and that 
the expense of estimating was at least $1,260,000, of which $1,000,000 
was fruitlessly spent on unsuccessful estimates. 

The committee suggested that this expense might be curtailed by 
employing a professional estimator to make a complete estimate of all 
labors, materials and expenses involved in a proposed building. This 
estimator should be paid by the owner and should be absolutely inde- 
pendent. The committee expressed the opinion that the nature of the 
estimator's position would enable him to secure low prices for the great 
mass of material by eliminating middlemen's profits and reducing op- 
portunities for combinations. It was suggested that the owner should 
go over the plans and specifications of the building and the estimator's 
report of the cost of construction, and if he found the cost satisfac- 
tory, he should turn the papers over to a contractor satisfactory to 
himself and his architect. If the contractor was also satisfied with 
the amount of the estimate, he could be given the contract for the esti- 
mated amount, plus a fixed fee, depending upon the character and mag- 
nitude of the structure. At the completion of the work, if the building 
costs less than the estimate, the committee suggests that the amount 
should be divided equally between the contractor and the owner ; while 
if the cost ran above the estimate, the loss should be equally divided. 
They believe that in this way the interests of the owner and of the con- 
tractor could be made the same, and that their relations would there- 
fore be harmonious instead of antagonistic. The difficulty in making 
such arrangements would probably be due largely to the lack of ac- 
quaintance between business men and contractors and to the fact that, 
as few men put up more than one or two buildings, they would natur- 
ally see greater economy in competitive bidding than in awarding the 
contract without competition. 

The suggestion is, however, worthy of careful consideration, as 
some system of preventing unnecessary expense is desirable and all 
practicable economies will result both in reduced cost of construction 
and greater profits. 

§ 115. Contracts for Cost Plus a Percentage. — To obviate the 
difficulties of the fixed price contract, various methods have been sug- 
gested and tried with results more or less satisfactory. The most com- 
mon method has been to pay the contractor the actual cost of the 



Cost— Plus Contracts 179 

construction work with a specified percentage thereof as compensation 
for his overhead expenses, personal services, and profits. 

The advantages claimed for this system are that, as the risk or 
hazard of construction is entirely removed from the contractor, the 
owner can secure his services with the advantages of his skill and ex- 
perience for the lowest practicable amount. While the owner is 
obliged, in this case, to assume the hazards or contingencies of construc- 
tion, he will pay only such costs as are actually incurred and for which 
he should equitably pay. 

There is no doubt but that the removal of hazard is an important 
factor in low bidding. Any successful man must charge prices which 
are sufficient to cover not only the actual cost which can be intelligently 
estimated, but also those contingent expenses which cannot be ac- 
curately foreseen but which, nevertheless, will surely occur. Tenders 
from responsible contractors for work at a fixed price are bound, there- 
fore, to be high enough to cover reasonable and possibly unreasonable 
conditions. 

The percentage basis for the letting of contracts is, however, open 
to objections. One important objection is the fact that every increase 
in cost increases the amount payable to the contractor. Increased cost, 
while a detriment to the owner, is a direct financial benefit to the con- 
tractor. Not all contractors are strong enough morally to withstand 
the resulting temptation. 

Another serious drawback to all forms of contracting for cost 
plus a certain definite or variable return to the contractor is due to the 
inefficiency of management which is likely to result where a contractor's 
profit does not depend on his ability to do work economically. Where 
he has little or no financial interest in the actual economy of construc- 
tion, the personal care in the choice of men and equipment and the 
close supervision which obtains under fixed sum contracts are often 
missing, with more or less unsatisfactory consequences. 

Experience shows that it is almost or quite impossible to secure 
efficient working conditions under the cost plus percentage arrange- 
ment. The foremen and laborers, appreciating the fact that the con- 
tractor to whom they are directly responsible is not dependent on their 
greatest eflForts for his returns, will almost uniformly reduce their ef- 
forts, with a resulting increase in cost and perhaps a detriment to the 
quality of work. 

While the lump sum price assures personal responsibility, the con- 
tractor will not attempt work unless he feels confident that he can prop- 



180 Day Labor and Contract Systems 

erly equip the same with suitable plant and supervision, as otherwise 
his chance for a profit would be small. In prosperous times, when the 
amount of work to be done is considerable, there is a strong temptation 
for the contractor, under the cost plus a percentage system, to take all 
work offered regardless of his ability to furnish suitable supervision 
and equipment. Such conditions are of course disastrous to low cost 
of construction and to satisfactory work. The use of the percentage 
form of contract should therefore necessarily be limited to firms with 
well established reputations, and must be confined to work for private 
companies not bound by the legal restrictions which govern public 
works. Under certain conditions such a plan is undoubtedly desirable. 
In extending the rapid transit system of New York City it became nec- 
essary to construct a third track on the Second, Third and Ninth Ave- 
nue elevated railway lines. The difficulties in the way of the extensive 
improvements required were serious, and it was necessary to effect 
the improvement with a minimum risk of danger and the least prac- 
ticable interference with traffic on the elevated structure and on the 
streets below. The improvement aggregated about fifteen miles of 
such work requiring the fabrication and erection of about 50,000 tons 
of structural steel at an estimated cost of $8,000,000. The Man- 
hattan Elevated Railway Company decided to employ certain responsi- 
ble contracting companies to do this work on the basis of cost plus 
fifteen per cent. This was made necessary on account of the intimate 
relation of the work to be done to the operation of the elevated rail- 
ways and the safety and convenience of the public. It is evident that 
it would be extremely difficult, if not impossible, to have prepared a sat- 
isfactory contract and specifications in order to have arranged for a 
public letting, and quite impossible to have provided for safe and sat- 
isfactory operation and, at the same time, to have secured reasonable 
bids by the ordinary method of competitive bidding. 

§ 116. Contracts for Cost Plus a Fixed Sum. — In recent years 
the objection to the cost plus a percentage form of contract has been 
somewhat reduced by changing the basis from a percentage to the cost 
plus a fixed sum. By this form of contract, the contractor cannot 
profit by any increase in cost, but on the other hand will secure the 
greatest returns to himself by the least expenditure of time and money 
for the owner. This plan eliminates certain objectionable features of 
the percentage form of contract but does not eliminate the inefficient 
methods and unsatisfactory labor conditions. 

§ 117. Contracts for Cost Plus a Variable Premium. — Another 
form of contract has been used to some extent in the last ten years. 



Cost— Plus Contracts 181 

Under this form of agreement, the contractor undertakes to complete 
the work for a fixed sum and in a definite time. In addition to this 
sum, he is to be paid a stated premium which is reduced or increased, 
accordingly as the actual cost and time of completion are greater or 
less than the stipulated costs and time of completion. 

The advantage of this form of contract is that the owner can de- 
termine the final cost almost as closely as under the lump sum contract. 
If the cost of the work is less than the estimate, he is benefited to the 
extent of one half of the amount saved; while the other half is paid 
to the contractor as an extra premium earned. If the cost of the work 
increases above that of the estimate, half of the additional cost is paid 
by the owner and the other half is deducted from the contractor's pre- 
mium. If the work is completed in advance of the fixed time, the con- 
tractor receives a certain agreed sum per day for the time saved ; and 
if completed behind time, a corresponding deduction is made in the 
premium paid. The principal objection to this form of agreement 
arises from the possibility that the estimated cost may be high and the 
time of completion too great, under which condition the contractor 
may secure an unfair premium by his ability to reduce the cost and 
time below his estimates. If, however, this form of agreement is put 
into competition with lump sum bids on the basis of the estimated cost 
and time provisions as has been proposed, an advantage may be se- 
cured by a reduced cost and by the unity of interests which should en- 
sue from this form of agreement. 

In a somewhat similar contract made in Boston, the agreement 
provided that the contractor should receive first the actual cost of the 
work plus ten per cent, of such cost. Upon the final completion of the 
work, the total cost plus the percentage was to be compared with the 
estimated cost made by the engineer, and provisions were made in the 
agreement, in case the estimate was unsatisfactory to the contractor, 
for a revised estimate by a board of three engineers. If the total cost 
of the work exceeded the estimated cost, then one fourth of this excess 
was deducted from the ten per cent, to be paid the contractor; and in 
case the work was less than the estimated cost, the contractor was en- 
titled to receive one fourth of the amount saved. The entire cost of 
small tools and supplies used was charged to the work, and the cost 
of machinery, tools and appurtenances purchased for and used upon 
the work, less their value at the end of the contract, was also included 
in the computed cost. 

There is no apparent reason why a contract under the above plans 
may not be satisfactory and may not be applied to the carrying out of 



182 Day Labor and Contract Systems 

public works under open competition. This could be done by con- 
tractors stating in their proposals the percentage they would accept in 
addition to the actual cost of the work, with proper provision for addi- 
tions or deductions to be calculated on the basis above mentioned. 

LITERATURE 

How Quantity Competition can be Eliminated. Discusses advantages of 
eliminating the figuring of quantities by bidders, by H. M. Saumenig. Eng. 
Rec. Vol. 72, p. 566. 

Some Objections to the Percentage Method of Bidding. Discusses ob- 
jections to unbalanced bids. Staff Article. Eng. News, Vol. 50, p. 293. 

Contracting on a Percentage or like basis. Advantages and disadvantages 
of lump sum and percentage bids. Staff Article. Eng. Rec. Vol. 54, p. 421. 

Contract Methods of Doing Work. Discussion of advantages of definite 
specifications. Staff Article. Eng. Rec. Vol. 55, p. 479. 

Competitive Contracts. Cost to bidders of estimating quantities. Staff 
Article. Eng. Rec. Vol. 58, p. 449. 

Objections to Lump Sum Bidding. Staff Article. Eng. News Supple- 
m«nt, Nov. 12, 1903. 

Municipal Contract System. Description and Advantages of Baltimore 
System of Contract Letting, by Mayor Thos. G. Hayes. Municipal Journal, 
Vol. 13, p. 106. 

Contract with an Inducement for Economy. Describes Contract for Cost 
Plus variable bonus. Staff Article. Eng. News, Vol. 74, p. 468. 

Cost Plus Premium Contracts. Advantages and disadvantages discussed. 
Staff Article. Eng. Rec. Vol. 55, p. 58. 

Differences between Public and Private Contracts. Staff Article. Eng. 
News, Apr. 28, 1904. 

Some Aspects of Force Account Construction. Staff Article. Elig. Rec. 
Vol. 60, p. 197. 

Quantity Bids on Architectural and Engineering Contracts. Discussion 
of proper methods of making quantity estimates. Abstract of paper by G. A. 
Wright before the Technical Society of the Pacific Coast. Eng. Rec. Vol. 40, 
p. 535. 

Different Plans of Letting Contracts. Discusses various systems, particu- 
larly Cost-plus-fixed-sum. Abstract of paper by Frank B. Gilbreth before 
American Public Water Works Ass'n. Eng News, Vol. 56, p. 411. 

Contract versus Day Labor. Discusses advantages of Force Account 
Method of doing work for city. E. W. Muenscher. Mich. Engrs. Annual 1898. 

Relative Efficiency of the Day Labor and Contract System of Doing Mu- 
nicipal Work. Abstract of several discussions. Eng. News, Vol. 63, p. 503. 
See also Eng. News, Jan. 27, 1910. 



Literature 183 

Municipal Work by Day Labor and Contract. Abstract of discussion and 
results of investigations by Harrison P. Eddy. Eng. Rec. Vol. 61, p. 332. 

Wanaque Dam Contract Provides for Variable Labor Costs. Eng. 
News-Rec, Vol. 84, p. 734. 

Cost — Plus Contract Incentive to Close Management. Editorial Inter- 
view in Eng. News-Rec., Vol. 82, p. 863. 

Cost — Plus Contract Satisfactory on Boston Army Base. Eng. News- 
Rec, Vol. 84, p. 326. 



CHAPTER XI 

ENGINEERING AND ARCHITECTURAL WORKS CON- 
STRUCTED UNDER CONTRACT 

§ ii8. Public and Private Works. — The term ''public works" 
means works constructed for municipalities, counties, states, and na- 
tions, such as sewers, pavements, bridges, canals, river improvements, 
and other works constructed at public expense and under public con- 
trol. The term "private works" means works constructed by private 
parties, partnerships or corporations such as buildings, hydraulic plants, 
railroads, and other works constructed by private capital and under 
private control. The procedure of authorizing expenditures, fixing 
contract requirements, advertising for proposals, receiving bids, letting 
work, consummating contracts, and interpreting contracts differs ma- 
terially in private work from that required in public work. 

The laws governing the making and letting of contracts for public 
works have been framed to obviate collusion and fraud, and their re- 
quirements must be observed in order that a legal contract may be 
made. 

Public works must usually be let only after advertising, and to 
the "lowest responsible bidder." State laws sometimes require public 
work to be advertised for a certain length of time, in certain ways, and 
to a certain extent, previous to the letting of the contract. The legal 
or charter requirements for advertisements are imperative to secure the 
validity of the contract. Where the law provides that -the contract shall 
be given "to the lowest responsible bidder giving adequate security," 
such bid cannot be arbitrarily rejected. Any act whereby a higher bid- 
der is made to appear the lowest, will invalidate the contract.^ 

The contract to be valid must be executed without alteration in 
plans, specifications or time;^ but when laws do not require contracts 
to be awarded to the lowest bidder, alteration may be made in con- 
tracts before they are executed. 

Void contracts cannot be legalized by public officers but may be 
ratified by legislative action.^ Any reasonable requirements imposed 



1 Walt's Engineering and Architectural Jurisprudence, sec. 140. 

2 Ibid, sees. 141, 142. 
« Ibid, sees. 141, 142. 



Public and Private Work 185 

on bidders to secure or facilitate comparisons of bids lie within the dis- 
cretion of the official letting the work, and such requirements must be 
observed. 

When a certified check or other security is required with a bid for 
public work, and through error a mistake has been made, such security 
must be forfeited and public officials have no authority to waive such 
forfeiture. Determination of responsibility is discretionary but must 
be exercised in good faith. Acceptance by a public official may not, 
and usually does not, complete an agreement until such acceptance is 
formally ratified by the governing body. 

In the preparation of the contract and specification, it is necessary 
to keep in mind the distinction between public and private works. Con- 
tracts and specifications for public work must be so drawn as to allow 
opportunity for intelligent competition. 

Provisions made for payment for the performance of extra work 
are legal * if the work designated is actually extra work. If however 
the work designated is a material part of the work which it is known 
must be done payment so made will be illegal. In the case of Moyn- 
ahan v. Birkett, the so called extra work was in reality an essential and 
known part of the work to be done and the court states : "When the 
law provides that the work must be let to the lowest responsible bidder, 
any clause in the contract which fixes the price for extra work without 
bids on that subject is illegal, and payments at rates specified may be 
enjoined at the suit of a taxpayer." ^ In many cases the bid of con- 
tractors on their own plans may be illegal under similar circumstances, 
as public bodies are usually empowered to determine the lozvest and not 
the best bid.^ In numerous cases however bids on alternate paving 
specifications have been declared legal,^ although such decision seems 
illogical and based on a misapprehension of the principles of competi- 
tion.^ 

In the execution of public work, no departure from the contract 
requirements can be legally permitted, but the specifications must be 



*Abells V. City of Syracuse (N. Y.) 7 App. Div. 501. See also Dillon on 
Municipal Corporations, 5th Ed. Vol. 2, Sec. 801, p. 1199; also Clark v. Pitts- 
burg, 217 Pa. St. 46, 51, and Smith v. Chicago Sanitary District, 108 111. App. 
69, 78. 

sMoynahan v. Birkett (Sup. Ct. 2d Dept), 31 N. Y. S. Rep. 293. 

6 Engineering News, Vol. 74, p. 609; also 57 Wash. p. 649; 4 Neb. p. 160; 
and Dillon's Municipal Corporation, sec. 807. 

7 Eng. News, Vol. 74, p. 1048. 

8 Ibid, Vol. 74, Dec. 16, 1915. 



186 Works Constructed under Contract 

rigidly enforced, even though such change might result in better work. 
The public is not bound by principles of justice and equity and is not 
interested in the contractor's success or failure, and any changes which 
are made to benefit or assist the contractor are apt to be misconstrued 
and criticised and may involve serious consequences to the engineer. 

Private work, on the other hand, may be advertised or it may be let 
without advertisements, by public competition, by competition between 
selected parties or by agreement with a single contractor, as the owner 
or corporation may elect. In a private contract a verbal acceptance of 
a proposal may consummate the contract, and awards should there- 
fore usually be made subject to the making of a written contract, if 
such written contract is desired. 

In private work, other conditions and requirements are also radi- 
cally different from those for public works ; alternate bids, modifica- 
tions of requirements, adjustments and betterments that conditions 
seem to require in carrying out the work in hand may be made when- 
ever the parties to the contract agree. Rights may be waived, obliga- 
tions cancelled, and extra compensation granted, whenever it appears 
that such actions are warranted by justice and equity or by expediency. 

It is true that in public contracts, the legal requirements have been 
sometimes ignored or neglected, and no serious consequences have fol- 
lowed. Many such contracts which were invalid have been made and 
the works completed and paid for, even in some cases where there has 
been wilful neglect, dishonest intent and collusion and fraud. This 
has been due only to the fact that the question of validity has not been 
raised in court. 

In other cases, honest errors, due to a mistaken conception of legal 
requirements, not well established by court decisons, have resulted in 
heavy losses and sometimes in financial failure to contractors who have 
honestly and conscientiously entered into otherwise fair and reasonable 
contracts for the performance of public works. 

The risk of ignoring legal requirements is too great, and no con- 
tractor should enter into a public contract which is not clearly legal 
in every detail. 

In the preparation of contracts for public works, it is therefore 
evident that the engineer is in equity bound to see that his designs and 
specifications are especially definite, full and complete, and as the re- 
requirements of the contract cannot be legally waived, especial precau- 
tion should be taken to see that they are fair and reasonable. 

The contractor, on his part, should ascertain either personally or 
through attorney 'that all legal requirements have been complied with ; 



Public and Private Work 187 

that the ordinance or order authorizing the work has been legally 
passed; that the work has been legally advertised; and that the con- 
tract and specifications fulfill all legal requirements. Ignorance of the 
law excuses no one, and in doing business with the public a knowl- 
edge of all requirements is assumed by the court and is neglected at the 
peril of the private citizen. 

§ 1 19. Negotiations for Construction Contracts. — The negotia- 
tions which are necessary prior to the consummation of a construction 
contract will vary in kind and formality wi th the nature of the work to 
be done. Where the party letting the work is a private person or cor- 
poration, such negotiations may take any form desired. Usually the 
owner will invite bids based on specifications more or less complete, 
with or without some proposed contract form. The request for pro- 
posals may be advertised or notices may be sent to such parties as may 
seem available for the work in question. 

The purpose of soliciting more than a single bid for either public 
or private works is to secure for the public or the owner the advantages 
of competition and the right to select a proposal which is advantageous. 
By such competition, contractors are induced to make close estimates, 
the amounts of which are usually dependent upon the amount of similar 
work available, and the state of the market for labor, materials, etc., 
to be furnished. Competitive lettings, if honorably carried out by all 
parties, are usually the most desirable methods of letting construction 
contracts. Where, in private work, the value of the work to be done, 
or the materials to be furnished, is well known, it may prove more 
satisfactory to let the work without competition to a responsible con- 
tractor known to do satisfactory work or to furnish the supplies, 
material or machinery especially desired, and at a mutually satisfac- 
tory price. Satisfactory results from private lettings are dependent on 
honorable dealings, and this method is perhaps open to greater oppor- 
tunities for dishonesty when the work is let by a third party (the engi- 
neer or some other official), and not directly by the owner. 

§ 120. Dishonesty in Competitive Letting. — The competitive 
letting of construction contracts is also open to dishonest practices. 
Contractors may combine with each other with the intention of securing 
high prices under apparent competition, where no such competition 
actually exists. Apparent competition has been sometimes secured by 
more than one bid by apparently different but actually the same par- 
ties. If the two bids submitted by the same party were both lower than 
those submitted by other bidders, the lower bid would be withdrawn on 



188 Works Constructed under Contract 

account of alleged mistakes, allowing the higher bid to stand and thus 
securing the contract at a price greater than the lowest price at which 
the contractor was really willing to undertake the work. This with- 
drawal of a bid could be formerly accomplished on the common law 
right to withdraw or revoke an offer at any time before its acceptance. 
To prevent such withdrawal, bidders, especially on public works, are 
now usually required to accompany their proposals with certified checks 
or bidder's bonds, which they agree to forfeit if they revoke their pro- 
posal. 

Where negotiations are carried out between private parties and 
responsible contractors, the requirement for a check or bond to accom- 
pany the bid is seldom made, as in such cases proposals are usually 
made in good faith and will be carried out if accepted. 

Contractors also sometimes agree among themselves on the party 
to whom the award shall be made. The lowest bid, sometimes at an 
exorbitant price, and the contractor to submit it will be agreed upon, 
and other contractors will either withdraw or submit higher bids in or- 
der to simulate competition. Such combination can be prevented only 
by a knowledge of the real value of the proposed work. These com- 
binations are illegal and, in case of public work, may in fact be crimi- 
nal. If they can be proved, they will invalidate a contract so secured, 
whether public or private. 

Occasionally competitive bids are invited only for the purpose of 
compelling a favorite bidder to reduce his bid to the lowest possible 
amount and with no intention of utilizing the bids so submitted, except 
as a means of forcing the favorite bidder to reduce his bid. 

It is evidently unjust to request proposals from bidders whose bids 
will not actually be considered, and thus cause a needless expenditure 
from which they can receive no consequent possible benefit. Any en- 
gineer or business man pursuing such tactics will soon find himself in 
ill repute among responsible contractors and his future attempts at 
securing satisfactory bids greatly embarrassed. The engineer should 
know no friends nor favorites among the bidders in the letting of any 
work to be done under his specifications and should strive to award the 
contract to the lowest and best bidder in all cases. 

§ 121. Restricted Lettings. — For private lettings, proposals may 
be restricted to those persons or companies known to be most reliable 
or capable, and others whose capacity or capabilities may be question- 
able may be excluded. Where the knowledge of those letting the work 
is sufficient to justify such discrimination, such a selection seems de- 



Restricted Lettings 189 

sirable, as it greatly simplifies the selection of a responsible contractor 
and prevents a needless expenditure by those parties who might other- 
wise desire to make proposals which would, for the reason mentioned, 
receive no serious consideration. Ethically only such bidders should 
be included in the request for proposals as the owner is willing to con- 
sider in awarding the contract. 

To secure proposals which are competitive, they should all be 
based upon plans and specifications which should be as specific and in 
as great detail as practicable, and all available information should be 
furnished to each bidder alike. Any additional information that will 
give the advantage to any favored contractor is an injustice which 
should be strenuously avoided ; and when such information is furnished 
by an official, without the knowledge of the owner, such action is dou- 
bly dishonest and operates as an injustice not only to other contrac- 
tors but also to the owner who under such conditions has not the real 
competition to which he is justly entitled. So far as practicable, the 
controlling factor of the letting should be the lowest bid. This cian 
often be accomplished by making the specifications so complete and 
definite that other differences shall be obviated. 

If any owner desires to confine his purchase to a single company, 
he should inform himself, either directly or through his engineer, by 
proper inquiry and investigation so that he may feel that he possesses 
the requisite knowledge of values to undertake negotiations with such 
company without putting others to needless expense. 

§ 122. Securing Low Bids. — It is the reasonable desire of every 
engineer and owner to secure bids for the proposed work to be let un- 
der contract at as low a figure as can reasonably be made, and at the 
same time assure good material and good work. To accomplish this, 
the ideas of the parties who are asked to undertake such work must 
be understood and appreciated, and if requirements are made which 
are unnecessary and add to the expense or increase the hazard and 
consequent chance for extra expense, they should be eliminated. The 
wishes of the contractor in these matters should not be ignored but 
should be considered so far as practicable, for aside from the question 
of equity, there is the question of expense, which will always appeal to 
the owner. 

Mr. Richard Morey, of the Morey-Faulhaber Construction Com- 
pany, expressed his ideas on how to get low bids from good contrac- 
tors, in a paper before the St. Louis Railway Club, as follows : 



190 Works Constructed under Contract 

"1. Give full and detailed information as to the work, all dimensions, 
quantities, classes of materials; everything that can possibly be used to fig- 
ure costs. 

"2. Ask for bids on as many units as can be applied to the work. This 
may increase slightly the office work, but it will reduce costs. To use. 
grading as a simple example, a contractor will bid lower and the work will 
cost the railway company less, if the proposals are made so as to separate 
bids on excavation hauled, excavation wasted, embankment borrowed, over- 
haul with a short free haul and all possible classifications of material. To 
the contractor this means that uncertainties are reduced to one or two 
items and that he will be paid for just what he does. To the railway com- 
pany it means an elastic contract that readily covers the inevitable changes 
of line or plans, and that the company pays for just what it gets. 

"3. Rewrite some of the clauses in the contracts and specifications, par- 
ticularly those which applied to former conditions, but do not fully cover 
present ones, and, especially, some of them which have grown from inter- 
lineations made from year to year in your printed forms. 

"4. Recognize the relation between the responsibility of the contractor 
and the requirements for the bond and the retained percentage. At the time 
the contract is signed, and the responsibility of the contractor is measu^'ed by 
the full amount of the contract, the railway company is satisfied with a bond; 
later, as the work is near completion and parts of it even in use, the railway 
company still has the bond and also the retained percentage and the con- 
tractor's responsibility has become insignificant. 

"5. Give us as inspectors men whose knowledge of the work at least 
approaches that of our foremen. 

"6. Give us our full quantities on our monthly estimates and then see 
to it that the vouchers made to cover those estimates move promptly through 
the auditor's office to the treasurer." 9 

§ 123. Suggestions of American Society of Engineering Con- 
tractors. — A committee of this society submitted a report in January, 
19 1 3, in which the follovv^ing desirable requirements for pubhc con- 
tracts were expressed : 

"1. The committee thinks it impossible to submit a complete form to 
cover all phases of all engineering contracts, but a work of much value can be 
done by adopting some general principles and formulating them so that they 
may be made a part of substantially every contract. 

"2. Every condition, of whatsoever character, by which the parties are to 
be bound should be submitted to bidders as part of the specifications on which 
they bid. The contract to be signed should be annexed to the specifications. 
In this way the bidder is not liable to be surprised by new conditions 
appearing in the contract submitted for his signature after his bid has been 
made and accepted. 

"3. The greatest vice of contracts is uncertainty. In adopting any form 
of contract or specifications every effort should be made to secure exactness 
of definition of the rights and duties of both parties. 



9 From the "Proceedings of the St. Louis Railway Club." 



Desirable Requirements 191 

"4. Recognizing the impossibility of foreseeing every emergency, some 
authority must be devised for the determination of either unexpected physi- 
cal conditions or unforeseen ambiguities in the contract. 

"5. The first requisite to this is promptness, so that the work may 
proceed. This doubtless requires that all disputed questions shall be pri- 
marily settled by the engineer present on the work. 

"6. While the engineer is the best-fitted person to reach a prompt de- 
cision, his relation to the owner unfits him for an impartial decision. 
There must, therefore, be some provision for an appeal to an impartial 
tribunal and final settlement of all disputes by it. 

"7. Disputes should, as far as possible, be settled as the contract 
progresses, so that the parties can know how they stand. To this end 
all matters of dispute should be reduced promptly to writing and all appeals 
from the engineer's decisions should be promptly taken. 

"8. Each party should assume full responsibility for his own share of 
the contract. 

"9. This involves the assumption, by the owner, of responsibility for 
the local conditions and for the borings or other explorations of the 
site. The contractor should bid on guaranteed local conditions, with an 
increase or reduction of price for variations from these. The locality belongs 
to. the owner, and the contractor should not be obliged to gamble on it. 

"10. The principle also requires that a contract should not both provide 
the exact details of construction and guarantee the result. If the con- 
tractor is to do the work according to exact plansi furnished him by the 
owner, the owner should take the responsibility for the result. If the con- 
tractor guarantees the result, he should be free to adopt his own methods 
of construction. 

"11. The contractor, especially when bound by a time limit, should 
be given the utmost freedom as to the order and manner of doing the 
prescribed work. 

"12. Definite provision should be made for the assertion, in writing, 
of demands made by either party varying from the normal contract price. 
The contractor should give prompt notice of a claim for extras and the 
owner of a claim for a decrease or for the assessment of damages. 

"13. Some rule should be prescribed for the owner's protection in case 
of delay on the contractor's part, either by a right to annul the contract 
or to take over the work, in whole or in part, or to deduct actual or liquidated 
damages. The subject is one of great difficulty and needs most careful 
consideration. 

"14. The contractor should be protected from loss by delay of the owner 
or the owner's other contractors, and provision made for settling such losses 
without suit where possible. 

"15. What is the proper amount of retained percentages? What should 
be the maximum part of the contract price to be retained until final 
payment? Differences of opinion should be adjusted and a uniform rule 
adopted. 



192 Works Constructed under Contract 

"16. Material men insist that the contract bond should provide for pay- 
ment for materials and labor. This leads to greater security to the material 
men and consequently lower prices. But it is an unnecessary cost to con- 
tractors of established credit. This subject needs the views of both sides. 

"17. Some contractors and engineers maintain that the contra<it condi- 
tions should be as brief as possible. Your committee believes that all sub- 
jects which experience has shown may produce conflict should be definitely 
disposed of by the provisions fixed in the contract, even if this extends its 
length. 

"18. After every effort has been made to avoid all uncertainty in the 
contract and to settle all disputes as they arise, some honest differences of 
opinion as to the rights of the parties may persist to the end of the con- 
tract. The final settlement of uncontested matters should be made without 
prejudice to the right of the contractor to recover disputed claims in 
the courts. It has, unfortunately, become too common to declare that on 
final payment the contractor shall sign a release of all claims arising 
out of the contract. This is a one-sided and dishonest provision. When 
payment is earned by a fulfillment of the contract, it ought not to be denied 
because the contractor believes that he is entitled to more, nor should he 
be forced by necessity to waive access to the courts to correct wrongs done 
him in the course of his contract." 

The report further referred to various forms of contract drawn by 
definite authorities, inckiding the Royal Institute of British Architects 
and the American Institute of Architects, commending these forms in 
many respects, but added : 

"One general remark may be made in regard to nearly all such forms — 
that they have been generally prepared by persons representing owners, such 
as architects and engineers, and that, however fair their intention, the 
inevitable tendency has been to protect the owner's rights at the cost of the 
the contractor's." 

§ 124. Further Suggestions. — In 1904 various engineers, man- 
ufacturers, contractors and material men, met in Gulfport, Missis- 
sippi, to organize the American Public Works Association, and 
among other things adopted the following as the basis which in their 
opinion should underlie the making of public contracts : 

"1. When state or municipal statutes conflict with association rules 
the latter shall be waived. 

"2. When work is done on a percentage basis, security should be given 
to guarantee estimate and faithful performance of the work. 

"3. Designing engineer shall not compete for work advertised to be 
let under his plans and specifications. 

"4. No bids shall be asked until money to pay for the work has been 
provided. 

"5. Bids shall be opened and read in public. 

"6. No bids shall be submitted after time named in advertisement. 



Suggestions for Public Contracts 193 

"7. No bids shall be withdrawn after time set for opening of bids. 

"8. Illegibility, or ambiguity, shall invalidate a bid. 

"9. Bidders shall not be permitted to change prices stated in bid. 

"10. Bids shall state specifically, make of apparatus or machinery pro- 
posed, and same shall be specified in contract. 

"11. When all bids are rejected new bids shall not be made on the 
same specifications without readvertising. 

"12. The amount of certified check required shall be stated in ad- 
vertisement calling for bids. 

"13. Bid bonds may be substituted for certified checks. 

"14. Checks or bid bonds shall be returned to all but successful bidder 
as soon as award of contract is made. 

"15, Award of contract shall be made within thirty days after bids 
have been opened or checks returned to bidders. 

"16. Bond shall not exceed 25 per cent of contract price. 

"17. Twenty days shall be allowed contractor in which to furnish a 
satisfactory bond. 

"18. In event of discrepancies between the drawings and specifications 
decision of the engineer shall be final. 

"19. All instructions regarding work shall be given by the engineer or 
his assistants. 

"20. Extra work shall only be done on written order of engineer when 
authorized by contractee at a price to be agreed upon. 

"21. In deducting material not required only the value of same shall be 
deducted. 

"22. Changes in construction shall not be made to lessen quantities of 
material in transit or in process of manufacture unless contractor be paid 
for all actual loss occasioned. 

"23. When a specific make of machinery or apparatus is specified in 
contract same shall be furnished in accordance with manufacturer's plans 
and specifications submitted with bid. 

"24. Engineer or his authorized assistants shall at all times have access 
to the work and materials for purpose of inspection, and have notice of con- 
cealed work before it is covered. 

"25. In event of emergency work contractor shall notify engineer and 
engineer shall furnish inspector. 

"26. Work done in regular progress of the contract and ordered torn 
down for purpose of inspection, if found to be in accordance with the speci- 
fications, shall be at the cost of contractee. 

"27. Engineer shall give written notice to contractor when work or ma- 
terial has been rejected. 

"28. Monthly estimate shall be made on or before the fifth day of each 
month. 

"29. Monthly estimate shall be based on the contract price and shall 
include all material delivered and labor performed. 

"30. Ten per cent of monthly estimate shall be retained by contractee 
until work is completed. 



194 Works Constructed Under Contract 

"31. Time shall be allowed contractor for delay caused by strikes, acci- 
dents or other causes beyond his control. 

"32. When work is completed engineer shall accept or reject same within 
a reasonable time. 

"33. Contractor is released from all future responsibility when con- 
tractee takes possession of plant, whether settlement has been made or not, 
unless otherwise agreed." 

During the participation of the United States in the world's war, 
the cost of labor, material, transportation, and other expenses greatly 
increased. In many cases contracts entered into previous to that 
period caused heavy losses, and the cost of work undertaken during 
cmd subsequent to that period became so uncertain that few contracts 
could be made except on the basis of cost plus a fixed sum, cost plus 
a percentage, or on some other basis which would eliminate the un- 
certainties resulting from varying costs caused by high prices and the 
shortage of labor and materials. 

As a result of a study, during the year 1919 of 113 different 
forms of contracts of various types, the committee on contracts of the 
Associated General Contractors of America has approved 16 provi- 
sions which it recommends be included in every contract made by 
members of the Associated General Contractors.* 

The 16 provisions recommended are as follows : 

1. Action on bids. Bids should be submitted with the provision that 
they must be acted upon within a reasonable time. 

2. Freight rate changes. Bids should be submitted on the basis of ex- 
isting freight rates, with the provision that in case a change in rates should 
occur between the time bids are received and the date fixed for the com- 
pletion of the contract, the contract price should be increased or decreased 
accordingly. 

3. Wage scale changes. Bids should be stated and be submitted on 
existing wage rates, with the provision that the contract price shall be 
increased or decreased in accordance with any change in such rates before 
the date fixed for the completion of the contract. 

4. Material pHce changes. Bids should be submitted on the basis of 
existing prices for material f. o. b. the producer's plant or distributor's 
yard, with the provision that the contract price shall be increased or de- 
creased in accordance with any change in such price that takes place within 
the time allowed the contractor to purchase and fabricate his material. 

5. Monthly estimates. Monthly estimates should include materials de- 
livered and suitably stored as well as materials incorporated in the work. 

6. Partial payment. Certificates should be prepared and delivered to 
the contractor between the first and the tenth day of each month, showing 
the proportionate parts of the contract price earned during the preceding 
month. These certificates should be paid by the owner by the 10th day 



*See Eng. News-Rec, Vol. 84, p. 1119. 



Suggestions for Contracts 195 

of the month. Interest on the first payment should be made the contractor 
at the prevailing rates. 

7. Co7itractor's right to stoqy work. Under the following conditions, 
the contractor should have the right to stop work or terminate the contract 
upon three days' written notice to the owner and the architect, and recover 
from the owner payment for all work executed and any loss sustained upon 
any plant or material, and reasonable profit and damages; 

(a) If the work should be stopped under an order of any court, or 
other public authority, for a period of three months, through no act or 
fault of the contractor, or anyone employed by him; 

(b) If the architect or engineer should fail to issue the monthly cer- 
tificate for payment in accordance with the terms of the contract; 

(c) If the owner should fail to pay the contractor, within seven days 
of its maturity and presentation, any sum certified by the architect or 
engineer or awarded by arbitration; 

(d) If the owner does not permit the contractor to proceed with con- 
struction within a reasonable time after signing the contract. 

8. Retained percentage. The retained percentage should be based on 
100 per cent of the work performed and should never exceed 10 per cent. 
When the amount retained reaches a total sum, which shall be mutually 
agreed upon by the owner and the contractor, no further reduction from 
payment should be made. 

9. Surety bond. When a surety bond is given, it should be reduced at 
agreed intervals so as to cover thereafter, only that portion of work left 
uncompleted. 

10. Penalty clauses. Whenever any provision is incorporated in the 
contract for a penalty against the contractor (including liquidated dam- 
ages), there should also be inserted a provision for a bonus of like amount. 

11. Act of God or a public enemy. The contractor should not be held 
liable for results arriving from the act of God or a public enemy. 

12. Time allowed for completion of work. The time allowed for the 
completion of the work should be based on '"weather-working" days instead 
of on elapsed time and, if necessary, allowance should be made for time 
spent in performing unproductive work, made necessary by fiood or other 
natural causes beyond the control of the contractor. 

13. Inspection. Where practicable, material should be inspected at the 
source so that possible delay may not result from the rejection, at the site 
of the work, from material furnished in good faith to the contractor. 

14. Force account work. Payment for force account work should be 
made on the basis of the total actual profit of the work, including the ac- 
tual labor and material cost, rental on equipment, liability insurance, etc., 
plus a reasonable percentage to cover overhead and profit, total to be not 
less than 15 per cent. 

15. Change in quantities. In case the actual quantity of any item in 
a unit price contract is less than the estimated quantity by more than a 
certain fixed per cent, the unit price paid the contractor for that it^m 
should be increased by an amount to be agreed upon. Similarly, a de- 
crease in the unit prices should be made in case the quantity is increased 
over the estimate by more than a certain fixed per cent. 



196 Works Constructed Under Contract 

16. Arbitration. In no case should the engineer or architect be made 
the final judge as to the interpretation of the drawings and specifications 
or the performance of the contract. All decisions and interpretations 
should be subject to prompt arbitration at the choice of either party to 
dispute. 

§ 125. Rights of the Contractor. — The suggestions made in the 
previous section, representing the point of view of the contractor in 
regard to the principles that should be observed in the preparation and 
in the letting of contracts for pubHc works, should receive due consid- 
eration by engineers and others who are connected with such work. It 
would seem to all who are familiar with contracts for public works 
that much injustice is commonly imposed on contractors by the forms 
of contracts ordinarily prepared. It is often unconsciously assumed 
that the only one to be considered in the preparation of a contract is 
the public or owner, and that the engineer must guard their interests in 
every way, with just as little thought for the interests of the party of 
the second part, who must take up the real burden of practical construc- 
tion, as is possible without driving contractors from the field. 

These unjust covenants have been used so long in the making of 
contracts that they are copied, rewritten and strengthened, frequently 
without realization of the fundamental inequity involved, and with a 
strong conviction that they are essential to properly protect the public 
or the owners, and sometimes perhaps to show that the engineer or 
attorney has the welfare of his client properly conserved. 

It is true that the party letting the work may word the contract 
as he will, and that any injustice he may desire to inflict, if within the 
law, may be included if contractors can be found to accept such a con- 
tract. Unjust provisions commonly and rightfully add to the cost of 
the work and the owner is often unduly taxed for unfair and unneces- 
sary requirements inserted in the contract by the engineer or attorney, 
which add nothing to the owner's protection or to the value of the 
work. 

While it is true that contractors may exercise their option as to 
whether or not they will submit bids at a public letting, it is also true 
that with large overhead expenses for equipment, plant and permanent 
staflF, they are frequently, for financial reasons, practically forced to 
submit to arbitrary and unjust exactions rather than to remain idle. 
They are therefore not altogether free agents in these matters. 

Honest contractors frequently complain that contractors as a class 
are regarded as dishonest and unscrupulous, especially by the young 
and inexperienced, and that unjust contracts are the result of this false 



Rights of the Contractor 197 

conception. This is possibly true, and if so is unfortunate ; but every 
experienced man, whether engineer or contractor, knows that there 
are men in every walk of life, in every business and in every profes- 
sion who are bound only by their legal obligations and give little or no 
thought to ethical and moral obligations. There are unfortunately 
others who will go even further than this, and who will pursue dis- 
honest and illegal methods of securing business advantages, even with 
the chances of serious legal punishment. 

Connected with engineering and architectural works are not only 
the engineer and contractor, but the client, owner, inspector, the me-, 
chanic and laborer, and in public work, the politician and sometimes 
many undesirable characters who draw their living from the public 
purse. 

All classes of men possess quite similar characteristics ; some of 
every class possess honor, integrity, experience and ability, while oth- 
ers are dishonest, inexperienced and incompetent. Some are depend- 
able, some tricky, and these characteristics are possessed in various 
degrees and are manifested in various ways. No business or profes- 
sion has a monopoly on either the desirable or the undesirable traits, 
and the men who follow the profession of engineering and the business 
of contracting are no exception to the rule. 

The men who contract for engineering and architectural works 
are, as a class, men of experience and ability whose close contact with 
the details of construction has given them usually a more exact and 
more definite knowledge of means and methods than that possessed by 
the engineer. As they usually devote their time to some particular 
line of work, they frequently become specialists whose services can be 
utilized to great advantage. There are also others, novices In the busi- 
ness, sometimes Ignorant and uninformed, who desire to enter the con- 
tracting field, ready to assume any risk for the purpose of experience 
and possible profit. 

The actions of men are not only modified by their experience and 
integrity, but their point of view Is also frequently modified by condi- 
tions which play an Important part in their action. The contractor who 
has secured and Is carrying out a profitable contract may act In a very 
different manner when he has undertaken a losing contract. In the 
first case he may be generous, obliging and conscientious ; in the latter 
case, close, technical and perhaps more or less unjust and possibly un- 
scrupulous. The desire to protect himself from losses more or less 
serious, may make an entire change in his feelings, actions, and point 
of view. 



198 Works Constructed Under Contract 

The engineer whose plans and specifications are well prepared and 
complete, who has fully covered all emergencies in the plans and con- 
tract provisions he has prepared, may be fair, just and considerate. If 
his plans or specifications are in error or incomplete and his reputation 
for ability is at stake, he may become unfair and unjust and may be 
willing to sacrifice others financially to protect himself and cover up his 
mistakes. 

It is the common assumption in most contracts that the engineer 
is the arbiter who stands between the two parties to the contract, and 
will adjust fairly and equitably all disputes which may arise in the 
premises. This assumption may be made a legal obligation when 
agreed to by both parties, and will be maintained by the courts within 
rather wide limits if this function is exercised with reasonably good 
faith. 

That the engineer is a disinterested party from whom perfect jus- 
tice can be expected under all conditions is, to a considerable extent, a 
legal fiction. All men are prejudiced by their relations and consequent 
point of view, regardless of their personal inclination and desire to ren- 
der substantial justice. No engineer employed by an owner, in con- 
stant communication with him and acting as his personal agent in deal- 
ings with the contractor, can have a perfectly unbiased view point in 
regard to the questions which arise and which he is required to arbi- 
trate and decide, especially if such matters are largely discretionary 
and rest purely on judgment. Usually the very points to be decided 
are raised between the contractor and the engineer before his clients 
know that any difference actually exists, and the engineer is commonly 
too close to the work to always obtain a proper perspective concerning 
the questions at issue. The different points of view frequently give 
rise to perfectly honest differences in opinion between the engineer 
and contractor, and frequently involve unfriendly relations which color 
every question which may arise. The whole question becomes quite a 
different one if judgment and discussions are eliminated and the con- 
trol of the engineer is confined to technical findings which are based 
on comprehensive plans and explicit contracts and are susceptible of 
only one interpretation. 

With these conditions in view, it is folly to assume that depend- 
ence can be placed on the good faith of the parties, to any considerable 
extent, in the making of contracts. It is desirable in all business affairs 
to avoid relations with men who are lacking in ethical and moral prin- 
ciples, especially with those who are unquestionably dishonest in their 



Rights of the Contractor 199 

dealings. The possession or lack of these qualities is seldom obvious, 
and it is quite impossible to avoid all business relations with all parties 
having objectionable tendencies. Good faith and confidence should 
have little place in the preparation of a contract, but justice and equity 
should be its foundation. Neither party to the contract should be com- 
pelled to depend on the good faith of the other or of the engineer tu 
any greater degree than is absolutely necessary. This requires that 
the contract be clear, explicit, definite, exact, complete and fair, and 
that every doubtful question should be eliminated, so far as possible. 

§ 126. The Arbitration of Disputes. — The engineer and archi- 
tect must always exercise certain judicial functions in the interpretation 
of the covenants of a contract in order that the work may promptly pro- 
ceed without needless delays for adjustment and litigation. These 
points, where these functions must be exercised should, however, be 
reduced to a minimum by the completeness of the plans and the defin- 
iteness of the specifications. Matters of engineering judgment must 
be left to the engineer. He is the proper person to determine whether 
the contractor has furnished proper material and has done proper work 
under the terms of the contract, and this judgment requires the ex- 
ercise of technical knowledge, fairness and common sense. The neces- 
sity for the exercise of judicial functions in the legal sense of the term, 
should be eliminated as far as practicable. The engineer should be em- 
powered to make decisions which will permit the expeditious comple- 
tion of the work, but such decisions should be subject to appeal, to 
expert arbitration or to court review. Some advance toward this end 
has been made in England. The Council of the Institution of Mu- 
nicipal and County Engineers, at the request of The National Federa- 
tion of Building Trades Employers of Great Britain, has recommended 
the use of the following clauses by the members : 

"In case any dispute or difference shall arise between the Council, or 
the engineer on their behalf, and the contractor, either during the progress 
of the works or after the determination, abandonment, or breach of the con- 
tract, 

"(1) As to the construction of the contract, 

"(2) Or as to any matter or thing arising thereunder; 

"[Except as to the matters referred to in the undermentioned clause.s 

'a to . . .', all of which shall be left to the sole discretion or decision of the 

engineer, viz.: — 

"(a) As to the provision of everything necessary for the proper execu- 
tion of the works, etc. 

"(b) As to the amendment of errors arising from inaccurate setting 
out of works. 



200 Works Constructed Under Contract 

"(c) As to the quality of materials and workmanship. 

"(d) As to the competency of the general foreman on the works. 

"(e) As to the competency or conduct of any person employed on the 
works by the contractor. 

"(/) As to the measurement and valuation of extra work and variations, 
or the mode of ascertaining the amount to be allowed for extra work and 
variations. 

"(g) As to the rejection and removal of work and materials not in 
accordance with the specification or the instructions of the engineer, and the 
substitution of other work and materials therefor, and all other matters 
referred to in this clause. 

"(h) As to defects or faults which may appear in the works after com- 
pletion. 

*'(i) As to the opening of work for inspection. 

"(;) As to the date when the works are completed. 

"(k) As to the execution of works having been delayed by inclement 
weather and other causes. 

"(I) As to the carrying on of the works with due diligence, etc., etc. 

"(m) As to the expenditure of provisional sums. 

"(n) As to the issuing of certificates relating to payments to the con- 
tractor. 

"Also, except as to the matters referred to in the under-mentioned clauses 
numbered 'A to . . .', all which shall be left to the sole discretion or deci- 
sion of the council: — 

'*(A) As to the assignment or sub-letting of any portion of the 
works. 

"(B) As to the determination of the contract by the council. "- 

"These are intended as illustrations of the matters which engineers may 
wish to deal with themselves, or may wish their councils to deal with, in- 
stead of allowing them to be submitted to arbitration. Each engineer can 
insert in this part of the clause whatever matter he desires to exclude from 
arbitration. 

"(3) Or as to the withholding by the engineer of any certificate to 
which the contractor may claim to be entitled, either party shall forthwith 
give to the other written notice of such dispute or difference, and such 
dispute or difference shall be and is hereby referred to the arbitration and 
final decision of a person to be appointed, on the request of either party, 
by the president for the time being of the Institution of Municipal and 
County Engineers, and the award of such arbitration shall be final and 
binding upon the parties. Such reference, except of the question of certificate, 
shall not be opened until after the completion, or alleged completion, of 
the works, unless with the written consent of the council, or the engineer, 
and the contractor. The arbitrator shall have power to open up, review, and 
revise any certificate, opinion, decision, requisition or notice, save in regard 
to the said matters in dispute which shall be submitted to him, and of which 
notice shall have been given as aforesaid, in the same manner as if no such 
certificate, opinion, decision, requisition or notice had been given. Upon 
every, or any such reference, the cost of and incidental to the reference and 



Arbitration 201 

award respectively shall be in the discretion of the arbitrator, who may de- 
termine the amount thereof, or direct the same to be taxed as between solic- 
itor and client, or as between party and party, and shall direct by whom and 
in what manner the same shall be borne and paid. This submission shall be 
deemed to be a submission to arbitration within the meaning of the Arbitra- 
tion Act, 1899: 

"Provided always that this clause shall not apply to any contract, 
the total original amount, sum, or value of which, exclusive of any extras 
or additions, is less than one thousand pounds or to any difference or dis- 
putes which in connection with any one contract shall involve a total amount, 
sum, or value of less than fifty pounds, in either of which two events all 
matters arising out of the contract and any difference or dispute shall be in 
the sole judgment and discretion of the engineer, whose decision shall be 
final and binding on all parties and without appeal." lo 

§ 127. Progress of Arbitration. — The equity of including arbi- 
tration clauses in construction contracts is becoming more widely recog- 
nized each year. The American Institute of Architects has for a num- 
ber of years suggested a form of contract which in its later form 
(1915) at least provides for arbitration of all matters in dispute. A 
covenant for the arbitration of disputes was embodied in a uniform 
building contract, adopted in 191 1 by a committee representing the 
Chicago Architects' Business Association, the Western Society of En- 
gineers^ and several local associations of manufacturers and contractors 
in the building industry. This contract authorizes the architect to de- 
cide disputes between owners and contractors ; but provides that if 
either party dissent from this decision the matter must be submitted to 
a board of arbitration, two of whom shall represent the owner and con- 
tractor, respectively, and the third to be selected and named in the 
contract. 

The matter of including an arbitration clause in engineering con- 
tracts has received considerable discussion, and such clauses have been 
used in numerous cases. That this will be the general practice in the 
near future seems inevitable. Surely the engineering profession with 
its generally well established reputation for honesty and fairness will 
soon recognize the justice of such a provision and will welcome its 
adoption. From the individual standpoint, the relief from determining 
disputes on matters on which a personal bias must be recognized by 
every fair minded man, should be welcome, for such a provision can in 
no way be regarded as a reflection on the honor or competency of the 
engineer. 



10 Engineering Record, July 27, 1912, Vol. 66, p. 100. 



202 Works Constructed Under Contract 



LITERATURE 

The Responsibility of the Engineering Profession for the Conduct of Pub- 
lic Contracts, by Major Cassius E. Gillette. Eng. News, Vol. 57, p. 587. 

How to Draw Specifications which will Shut out Competition and Make 
Certain the Award of the Contract to a Favored Bidder. Eng. News, Vol. 54, 
p. 602. 

A Proposed Law to Prevent Collusion and Graft in the Letting of Public 
Contracts. Abstract of paper before Am. Soc. Eng. Cont., by C. E. Gillette 
outlining proposed New Legislation in Philadelphia. Eng. News, Vol. 66, 
p. 744. 

Combinations among Contractors. Discussion of legal and moral rights 
of contractors in combinations. Editorial Eng. News, Vol. 34, p. 345. 

Loose Specifications and Dishonest Contracts- Editorial Eng. News, Vol. 
60, p. 368. 

Validity of Contracts Covering Alternative or Otherwise Uncertain Bids. 

Discussion of legality of allowing alternative material in Specifications. 
Editorial Eng. Rec. Vol. 53, p. 467. 

Fixing a Basis in advance for Comparison of Alternate Bids. Discussion 
of a plan to prevent charges of Corruption in calling for alternative bids. 
Eng. News, Vol. 70, p. 221. 

A plan to Limit Unbalanced Bidding on City Contract Work. Discussion 
of plan devised by Dept. of Water Supply, New York. Eng. News, Vol. 69, 
p. 777. 

Alternative Forms of Paving Contracts. Suggestions for specifications 
for asphalt paving. O. X. McLoughlin. Eng. Rec. Vol. 70, p. 476. 

Contractor's Bids on their own Plans Declared Illegal. Cites Case in City 
of Seattle. Eng. News, Vol. 74, p. 609. 

Alternate Specifications for Public Work are Legal. Cites several cases 
by D. T. Pierce. Eng. News, Vol. 74, p. 1048. 

The Duties of Engineers in Enforcing Contracts, by A. J. Himes. Eng. 
News, Vol. 48, p. 45. 

Arbitration, by Onward Bates. Discussion by different members. Jour. 
W. E. E. Vol. 17, p. 481. 

Arbitration, Its place in our professional Practice. Paper before Tech. 
Soc. Pac. Coast, by G. A. Wright, Jour. Assoc. Eng. Soc. Nov. 1900. Also 
Const. News, June 29, 1901. 

Should an Engineer be Vested with Judicial Functions. Discussion ot 
subject. Editorial Eng. News, Supp. Vol. 51, p. 189. 

Arbitration of Contract Disputes. Editorial. Eng. News, Vol. 68, p. 683. 

Engineers as Arbiters of Public Equity and Justice. Address by W. M. 
Daniels of Interstate Commerce Comm. Eng. Rec. Vol. 70, p. 623. 

Discretionary Clauses in Contracts. Cites objections to such clauses. 
W. B. King Ehg. Rec. Vol. 68, p. 308. 

The Discretion of Government Engineers. Cites Cases of unfairness in 
enforcing contracts, by Wm. B, King. Eng. Rec. Vol. 65, p. 348, 



Literature 203 

Relation of the Contractor to the Public Official. Abstract paper to 
American Road Congress 1912, by C. A. Crane. Eng. News, Vol. 68, p. 712. 

Business Methods in Construction Work. Abstract paper to Cleveland 
Engineering Society, by Jas. L. Stuart. Can. Eng. Vol. 25, p. 648. 

Contract Troubles. Discussion of some legal points. Editorial. Eng. 
Rec. Vol. 46, p. 179. 

A Plea for Contractors. Discussion of fairness in contracts. Paving and 
Municipal Engineering. Vol. 8, p. 225. 

Planning in Contract Work. Discussion of the value of foresight. Eng. 
Rec. Vol. 71, p. 792. 

Duty of the Engineer Toward Contractors. Discussion of fairness in 
writing and enforcing specifications. Editorial. Eng. News, Vol. 48, p. 287. 

Joint Responsibility of Engineers and Contractors. Editorial. Eng. 
Rec. Vol. 54, p. 366. 

Straight Talk for the Contractor. Notes on economics in contracting. 
Eng. Rec. Vol. 72, p. 124. 

Problems of the Contractor. Abstract of address on contracting in rein- 
forced concrete. L. C. Wason. Eng. Rec. Vol. 69, p. 23. 

Contract Clauses which Disregard the Square Deal, by F. J. Herlihy. 
Eng. News-Rec, Vol. 84, p. 457. 

Rental Values of Construction Equipment, by F. J. Herlihy. Eng. 
News-Rec, Vol. 84, p. 125. 



CHAPTER XII 

ADVERTISING AND LETTING CONTRACT 

§ 128. Purpose of Advertisement. — The preparation of the ad- 
vertisment and the instruction to bidders presupposes that the preHm- 
liminary work of preparing plans, contracts and specifications is essen- 
tially completed and that the work is ready to be let. 

The purpose of the advertisement is to bring the proposed letting 
to the notice of manufacturers, contractors or others who may be in- 
terested in such work in order that suitable competition may be se- 
cured. 

The medium for advertising should be selected with due regard to 
the persons whom it is desired to reach, although the manner and ex- 
tent of advertising will always be controlled by legal requirements in the 
case of public contract. 

In work where only local competition is desired, the local paper 
having the widest circulation among the particular class of contractors 
desired, should be selected. In works of any magnitude, especially 
when proposed for small cities, advertisements should be inserted in 
the engineering and contracting papers of the country, having wide cir- 
culation among the contractors whom it is desirable to reach. - 

On account of the expenses of advertising, an advertisement is 
usually confined to only such general information as will enable a con- 
tractor to determine whether or not he desires to undertake the work. 

Engineers in charge of large works, either public or private, 
usually send copies of the advertisement directly to all responsible 
and desirable contractors in order that the letting may be brought di- 
rectly and quickly to their attention. For public work a list of all 
contractors interested in the work to be let is usually kept on file and 
the advertisement is sent to all who have applied. In letting private 
work it is quite usual to omit the public advertising entirely and con- 
fine the notices to reliable contractors especially equipped with plant 
or experience for the work to be let. Such a procedure would be en- 
tirely illegal for public work, as the advertisement, the public letting 
and certain other formalities are legal provisions made and necessary to 
guard against fraud in public contracts. 

§ 129. Nature of Advertisement. — The advertisement should 
clearly state what is to be done. It should explain where, when, by 



Nature of Advertisement 205 

whom and for what proposals are to be received. The advertisement 
is intended to call the attention of interested parties to the fact that 
certain work is to be let under contract, and should include such infor- 
mation concerning the extent and character of the work to be done as 
will allow them to judge whether they wish to examine further into 
the matter, with the intention of bidding on the same. 

The advertisement should be clear and concise in its statements. 
The matter which it should contain will depend somewhat on the char- 
acter and extent of the work and whether the bidders expected are 
local men or men from distant cities. 

The advertisement should be published not only in the usual way, 
but should be printed on slips and attached to the specifications or be 
printed on the specifications, so that all who secure them will also se- 
cure a copy of the advertisement, as it should form a part of the com- 
pleted papers. Bidders on work have certain moral and legal rights 
which are to an extent established by the advertisement. 

The advertisement should not be published until the work has 
been duly authorized, the preliminary investigations made, the design, 
contract, and specifications completed, and the financial arrangements 
made, and the performance on the part of the owner or public assured. 
Municipalities and private parties have not been altogether scrupulous 
in conserving the rights of bidders. Sometimes advertisements have 
been issued which have caused contractors to go to considerable ex- 
pense in their preparations for bidding, only to find after such ex- 
penses have been incurred, that the letting has been abandoned on ac- 
count of unforeseen difficulties or failure to finance the project. In 
one such case twenty-six contractors were called from all parts of the 
United States to one of the states west of the Missouri for the pur- 
pose of bidding on a large municipal sewer contract. When they ar- 
rived they found that an election was to be held on the day that bids 
were to be received to determine whether or not the city should issue 
bonds for the proposed improvements. Bids were to be deposited by 
four o'clock and the result of the election could not be known until late 
in the evening. The bonds failed to carry by a vote of two to one. 
Even under these circumstances the mayor proposed to open bids ''to 
see how the bids compared with the engineer's estimate." He was 
prevented only by strenuous objection on the part of a number of the 
contractors. Some of the contractors had come from points as dis- 
tant as Washington, D. C, and the average expense was probably 
at least $500. The municipality by its inconsiderate action, occasioned 



206 Advertising and Letting Contract 

a needless expense of about $13,000 to the contractors who had been 
asked to bid on the work. Whether or not there was any legal re- 
course may be questioned, but the difficulties and expense involved in 
legal proceedings were so great that no attempt was made to secure 
legal redress. The moral iniquity involved in such a procedure needs 
no comment; it probably resulted more from thoughtlessness than 
from any vicious intent, but the result was the same. Such occur- 
rences are not altogether unusual. The engineer in charge of the work 
is commonly blamed when such conditions result, and he should en- 
deavor to prevent their occurrence, both from his appreciation of fair 
play and for the sake of his reputation. 

§ 130. Analysis of Advertisement. — On any \vork where bidders 
are expected to come from a considerable distance, the advertisement 
for proposals should contain the following information : 

Outlim of Advertisement 

1. By whom bids will be received. 

2. Where received. 

3. When received. 

4. Nature of work or material to be furnished. 

5. Location of work. 

6. Amount of work or material to be furnished. 

7. When contract is to be begun and when finished. 

8. Where plans may be seen or obtained. 

9i Where specifications may be seen or obtained. 

10. What security will be required with proposal. (If resident 
bondsmen are required, it should be stated.) 

11. What bond will be required with contract. (If resident bonds- 
men are required, it should be stated.) 

12. When proposals will be opened. 

13. When contract will be awarded. 

14. Other information of interest or importance to nonresident 
bidders. 

15. From whom general information may be obtained. 

16. Reservation of rights to reject any or all bids, or to waive in- 
formalties. 

17. Official signatures of officers letting work or receiving bids. 

These matters will be discussed in detail under the heading In- 
struction to Bidders of which they are a part or to which they are 
usually appended. 



Formalities 207 

§ 131. Formalities. — As previously noted various formalities in 
regard to the letting of contracts for public works have been made 
mandatory by legislation in order to assure, to as great an extent as 
possible, the elimination of fraud in such lettings. Advertising must 
be done to a certain extent and in a certain manner in order to assure a 
due knowledge of the proposed work to all who may be interested and 
sufficient time for the preparation of proposals. Proposals must be 
submitted and received only at a certain definite time, in order that no 
single bidder shall have undue advantage. These bids are either to be 
opened at once or are to remain sealed until opened and publicly read, 
in order that the bidders and the public may know the prices made by 
each contractor and the lowest bidder. It is usually provided, so far as 
practicable, that the work shall be let to the lowest bidder, although of 
necessity the questions of responsibility and experience must receive due 
consideration in order that the lowest and best bid may be determined. 

Collusion between public officials and contractors is made possible 
by avoiding public advertising or by so limiting the time after the ad- 
vertisement is published, that undesired competitors cannot submit in- 
telligent and safe bids. It is also accomplished through inexact, inde- 
terminate, unfair and arbitrary specifications containing numerous 
doubtful clauses that are left to the decision or discretion of the en- 
gineer. By such means the expense to a favored contractor may be 
greatly reduced while an unfavored contractor may be put to large ex- 
pense. Hence the favored contractor, knowing he will get unfair pro- 
tection, can safely make a low bid and secure the work. While indefi- 
nite specifications are frequently due to ignorance and are not always 
written with this end in view, their presence always gives an impres- 
sion of either ignorance or dishonest interest, and they should be studi- 
ously avoided. 

To avoid even the appearance of evil the engineer should ar- 
range and conduct the letting of public work in a way that will elimi- 
nate as far as practicable all possibilities of unfairness or favoritism. 

In private contracts, only such formalities as may seem desirable 
are adopted, but the elements of fairness are the same. Parties who 
will not be considered should not be permitted to bid and when any 
contractor or manufacturer is requested to submit a bid, he is entitled 
to fair treatment. 

§ 132. Time Allowed. — ^Ample time should be allowed, from the 
time of advertising to the time at which proposals are to be received 
for the bidders to make necessary investigation on which to base 



208 Advertising and Letting Contract 

an intelligent proposal. The time necessary will depend on the ac- 
cessibility of the work and on its character and extent. The bidders 
must have sufficient time to examine the necessary data and to secure 
information concerning prices of material and labor, to make such 
preliminary studies of the methods and plant needed in the construc- 
tion, and for such financial arrangement, capital, bond, etc., as condi- 
tions may require. There is usually a tendency on the part of the of- 
ficials of municipalities and private companies to shorten unduly 
the time allowed for these purposes, but the engineer must impress 
upon his client or employer the disadvantages of such a course. Un- 
less ample time is given to determine all of the factors which will af- 
fect the cost of the proposed construction, the doubt and the uncer- 
tainties involved will increase the prices bid and the cost of the 
proposed work. Every uncertainty leads to the same result, and it 
is just as important to allow proper time for the examination by con- 
tractors as to provide plans and specifications which are clear and ex- 
plicit. 

§ 133. Form of Proposal. — The proposal may be a printed form 
or it may be left for the bidder to make out in the form of a writ- 
ten communication. It will depend on the amount and character of 
the work as to which is preferable. When the work is simple and the 
bid is a "lump sum" for the entire work, a special form is not essential 
although even then it adds greatly to the facility with which bids may 
be examined and compared. When there are a number of items for 
which proposals are desired, a form for the proposal becomes essen- 
tial in order to assure a fair comparison. Such a form properly pre- 
pared insures uniformity in the bids submitted so that they may be di- 
rectly compared on the basis of price, as such forms are usually so 
made that the bidder has only to fill out the blanks left for prices in 
statements which have been framed by the engineer, and which cor- 
respond with the terms used in the specifications. All unaltered bids 
can hence be readily compared, and it is usually provided that such 
forms must be used unaltered and that changes, modifications or ad- 
ditions will cause the bid to be rejected. Where work is of a na- 
ture that such form is possible the question of price only remains to 
be decided, at least among bidders of equal responsibility. Under 
conditions where different machinery or supplies are to be furnished 
the difference in price bid does not furnish such an obvious means of 
comparison, as quality and detail become important, and these, together 
with experience, responsibility and prices bid, must be considered and 



Form of Proposal 209 

a decision reached which must depend oh the judgment of the officials 
letting the work. 

The blank form of proposal is sometimes bound with the specifi- 
cations and is sometimes a separate instrument. In the latter case it 
should refer to the specifications as filed at the place mentioned in the 
advertisement. 

Certain declarations that 

(a) 'The bidder has carefully examined the location, plans and 
specifications," and 

(b) "The bid has been made without collusion or fraud," are 
commonly embodied* in the form of proposal. They have little legal 
significance, but serve only as a warning. 

Clauses covering the following matters should also be included : 

(c) The agreed date of beginning and completion. 

(d) Stating the character and amount of security submitted with 
the bid and agreeing to forfeit the same if the bid is accepted and the 
bidder fails to enter the contract as agreed. 

(e) An agreement to furnish security and a statement as to the 
character of the same. 

(/) The names of subcontractors, when parts of the work are to 
be sublet to other contractors or manufacturers, and finally 

(g) The signature of principals, their place of business and the 
signature of witnesses or an acknowledgment if required. 

The following examples will show the usual features of these 
forms. 

Example A. 

PROPOSAL 

TO THE BOARD OF PARK COMMISSIONERS OF THE CITY OF BOSTON FOR 
BUILDING ABUTMENTS AND WING-WALLS FOR A BRIDGE AT WOOD 
ISLAND PARK, EAST BOSTON. 

The undersigned hereby declare that — he ha — carefully examined the 
annexed form of contract and specifications, and will provide all necessary 
machinery, tools, apparatus, and other means for construction, and do all 
the work, and furnish all the materials called for by said contract and speci- 
fications in the manner prescribed by the contract and the specifications, 

and the requirements under them of the Engineer, for the sum of 

($ ). 

Accompanying this proposal is a certified check for the sum of one thou- 
sand dollars, as called for in the foregoing advertisement. 

No member of the City Council, and no person in any oflBce or employ- 
ment of the City of Boston, is directly or indirectly interested in this pro- 



210 Advertising and Letting Contract 

posal, or in any contract which may be made under it, or in expected profits 
to arise therefrom; and this proposal is made in good faith, without collu- 
sion or connection with any other person bidding for the same work. 

Name 



Address 

Example B. 

PROPOSAL 
Made by , residing in , (date) 



do hereby declare that — , the only person interested 

in this proposal, and that no other person than the person — herein named, 
has any interest in this proposal, or in the contract proposed to be taken; 
that it is made without any connection with any other person or persons 
making proposals for the same work, and that it is in all respects fair and 
without collusion or fraud. 

And further declare that have carefully examined the proposed 

location of said work, and the annexed specification and form of contract, 
and the plans now on file in the City Engineer's office, and that will con- 
tract to do the work and furnish the material called for by the annexed notice 
to Contractors, and the annexed contract and specifications in the manner and 
on the conditions required, upon the following terms: 

Price Bid 

Per 
. Lineal 
In From To Foot 

1. Oak Street Waich Fac'y Sewer Main Street 

2. Main Street Oak Street Grove Street 

3. Grove Street Main Street First Street 

4. Grove Street First Street Second Street 

5. Grove Street Second Street Third Street 

6. Grove Street Third Street Fourth Street 

7. Grove Street Fourth Street Kishwaukee St 

8. Main Street Grove Street, South End of Lateral 

9. First Street Grove Street, North End of Lateral 

10. First Street Grove Street, South End of Lateral 

11. Second Street Grove Street, North End of Lateral 

12. Second Street Grove Street, South End of Lateral 

13. Third Street Grove Street, North End of Lateral 

14. Third Street Grove Street, South End of Lateral 

15. Fourth Street Grove Street, North Oak Street 

16. Fourth Street Grove Street, South End of Lateral 

17. Oak Street Fourth Street End of Lateral 

18. Kishwaukee Street. . Grove Street, North End of Lateral 

19. Kishwaukee Street. . Grove Street, South End of Lateral 



Form of Proposal 21 1 

Extra Price Bid 

For each Y connection on 12-inch sewer 

For each Y coniiection on 10-inch sewer 

For each Y connection on 8-inch sewer 

For each Equalizer 

For each Lamphole 

For each Catchbasin 

For each Manhole 

The prices named above are to include the cost of doing all other work 
required by the specifications or appertaining thereto. 

The undersigned agree to begin work within thirty days after signing 
a contract and to complete the required work within six months thereafter. 

submit a certification for $3,500, which agree — to forfeit should 

the work be awarded to , in accordance with the plans and specifications 

and should fail or refuse to enter into the contract with security as 

specified. The undersigned propose to furnish the Surety Company as 

bondsmen. The sewer pipe and specials to be furnished under this contract 
will be those manufactured by the of , . 

Respectfully submitted. 

Name 
Address 



§ 134. Instructions to Bidders. — The instructions to bidders 
supplement the advertisement and should contain the directions for the 
preparation of proposals and prescribe such formalities as may be re- 
quired in their presentation. The instructions will vary in their re- 
quirements with the degree of formality with which it is desirable tC^ 
conduct the letting. The more complete the plans and the more defi- 
nite the specifications, the more rigid can the instructions to bidders 
be made with security to all parties. It is sometimes necessary to re- 
ceive bids on items such as machines, supplies, etc., where it is unde- 
sirable or impossible to furnish specifications in detail. In such cases, 
the instructions cannot be as formal as when specifications are com- 
plete. The instructions should be as complete as necessary for each 
particular case, and should explicitly state everything required for the 
submission of a formal proposal. Clearness in these instructions will 
save much explanation and consequent loss of time. Too great for- 
mality should be avoided in any case. 

"Instructions to Bidders" still further establishes the legal and 
moral rights of those bidding on the work. 

If the advertisement is not made a part of the forms, the instruc- 
tions to bidders should include all matter included in the advertisement. 



212 Advertising and Letting Contract 

The instructions are usually arranged in about the following or- 
der: 

A. General notice, including time of receiving bids and general 

character of the work. 

B. How sealed, and to whom delivered 

C. Formalities required in proposals. 

D. Manner of stating prices. 

E. Estimates. 

F. Where information can be obtained. 

G. Reservation to alter amounts of work. 

H. Reservation as to amount of work let under single contract. 

/. Reservations as to time of beginning and completion. 

/. Reasons for rejection of bids. 

K. Security to be required with bid and with contract. 

L. Security with contract. 

M. Miscellaneous requirements. 

§ 135. Details of Instructions. 

A. General Notice — Receiving Bids, etc. 

(a) "Sealed bids for the work above named, endorsed with the 

title and also with the name of the person or persons 

making the same, will be received at the office of until 

at .... o'clock . . M., at which time the bids will be opened by the 

and publicly read, after which the contract will be 

awarded." 

For the last clause in the above, one of the following is sometimes 
substituted : 

(b) "After which the bids will be referred to the engineer (or 
other officer) for recommendations." 

(c) "The contract will probably be let at the regular (or special) 
meeting of the on at .... o'clock . . M." 

(d) "After which the bids will be considered and the award made 
as early as practicable." 

B. Proposals — How Sealed and to Whom Delivered, 
(a) "Proposals must be inclosed in a sealed envelope and ad- 
dressed to , and further indorsed with the title 



(b) "Each bid must be inclosed in a sealed envelope, and deliv- 
ered to the ; and in the presence of the person offering 

the bid, it will be deposited in a sealed box provided for that purpose." 



Details of Instructions 213 

C, Formalities Rcquir£d in Proposals. 

(a) "N. B. Bidders are warned that all bids which are deficient 
in either of the following requirements may be rejected as informal." 
(Formalities adopted are here added.) 

(b) "No bids will be received if detached from the package in 
which it is bound; nor must any of the accompanying papers be de- 
tached therefrom, but the entire package must be unbroken and in 
good order when the bid is deposited." 

(c) The bids must conform to the printed forms, in order that 
a fair comparison may be made of all. Any deviation from said 
forms by omission of prices, or the insertion of written additions by 
the bidders, will invalidate the bid. Such addition will ensure the re- 
jection of the bids. All bids must be full in every particular." 

(d) "The bids must be made upon blanks furnished by the 

or their authorized engineers." 

(e) "No change will be made in the form of the bids nor must 
any additional modifications or any form of specification be annexed." 

(f ) "Each bidder must sign the plans upon which his bid is based, 
in the office of the city engineer, and the date of such signing must 
precede the date of opening the bids." 

(g) "When a firm is a bidder the member of the firm who signs 
the firm name to the proposal should state, in addition, the name of all 
individuals composing the firm." 

(h) "Each bidder is required to state in his proposal his name 
and place of residence ; the names of all parties interested with him ; 
and if no other person be so interested, he shall distinctly state the 
fact; also that it is made without connection with any other person 
making any proposal for the above work ; and that it is in all respects 
fair, and without collusion or fraud." 

(i) "If any bidder wishes to withdraw his proposal he may do so 
before the time fixed for the opening, by mentioning his purpose to 

, and when his proposal is reached, it will be returned 

unread." 

(;) "Permission will not be given for the withdrawal of any pro- 
posal." 

D. Manner of Stating Prices. 

(a) "The prices must be written in the bid and also stated in 
figures ; and all proposals will be considered as informal which are not 
in conformity with this notice." 



214 Advertising and Letting Contract 

(b) "Bidders will state the proposed price for each separate 
item of the work, by which the bids will be compared. These prices 
are to cover all the expenses incidental to the completion of the work, 
in full conformity with the specifications." 

(c) "These prices are to cover all the expenses of furnishing ma- 
terial other than that specified to be furnished by the city, and all tools 
and labor, in completing the work aforesaid in conformity to the con- 
tract and specifications prepared by the same." 

E. Estimate. 

(a) "The engineer's estimate of work and material by which the 
bids will be compared is as follows :" [The estimated quantities of ma- 
terial to be used and work to be done should follow here.] 

F. Where Information Can Be Obtained. 

(a) "Bidders must get their information as to the local conditions 
of trade, labor, character of the soil, probable amount of ground water, 
rock, etc., from personal inquiry upon the ground. Such data will 
not be given at this office except that the records as to any sub-con- 
structior^ etc., of which it has knowledge, will be freely shown." 

{b) "On account of the character of the work, the above men- 
tioned quantities cannot be estimated in advance, with accuracy ; there- 
fore bidders are required to submit their bids upon the following ex- 
pressed conditions which shall apply to and become a part of every 
bid, viz.: That bidders have satisfied themselves by personal examina- 
tion of the location of the proposed work and by such other means as 
they may elect, as to the accuracy of the foregoing estimate of the en- 
gineer; and that they will not, at any time after the submission of the 
bid, dispute or complain of such statements of the engineer; nor as- 
sert that there was any misunderstanding in regard to the nature, or 
amount of the work to be done." 

G. Reservations of Rights to Alter Amount of Work, etc. 

(a) "The right is reserved to increase or diminish in quantity as 

may be necessary in the judgment of the the variation 

from the estimate, however, not to exceed ten per cent." 

H. Reservations as to Amount of Work Let in One Contract. 

(a) "The reserves the right to let the work as a whole or 

in parts. Contractors will state in their bids the least and greatest 
amounts of work for which their bids are made." 



Details of Instructions 215 

(b) ''Bids will be considered for the entire work only." 
/. Reservation as to Time of Beginning and Completion. 

(a) 'Work must be begun on or before (or days 

after the completion of the contract) and must be completed by 

(or days after work is commenced.)" 

(b) "Bidders must state the length of time in which they will 
agree to do the work and such time will be regarded as a consideration 
in awarding the work and will be made an essential part of the con- 
tract with a proper forfeiture (or with a forfeiture of dollars 

per day) attached for its non-fulfillment." 

(c) "The time allowed to complete the whole work will be 

days, as provided in the specifications." 

/. Rejection of Bids. 

(a) "Reasonable grounds for supposing that any bidder is inter- 
ested in more than one bid will cause the rejection of all bids in which 
he is interested." 

(b) "The right is reserved to reject any or all bids, and to waive 
any informality in the bids received; also to disregard the bid of any 
failing bidder or contractor, known as such." 

(c) "The bidder must satisfy of his ability to per- 
form the work for which he bids." 

(d) "The fact of any person or firm being in arrears to the city of 

on debt or contract or in default as surety or otherwise upon any 

obligation to the city, or who has failed in previous contracts to comply 
with the requirements or specifications of said contract, shall be deemed 
a sufficient cause for the rejection of his or their bid." 

K. Security with Bid. 

Normally a proposal is an offer that can be withdrawn or canceled 
by formal notice at any time before formal acceptance. In order to 
assure absence of fraud and the opportunity for the comparison of pro- 
posals, and to reserve the privilege of deliberation and the acceptance 
of the contract when duly awarded, a certified check or bond for a 
specified amount is frequently required with proposals as a guarantee 
of good faith that if the contract is awarded to the bidder he will enter 
into a formal contract for the performance of the obligation for which 
the bid was made. 

In order to assure the validity of a forfeiture, on the refusal of 
the bidder to enter into the contract in accordance with his proposal 



216 Advertising and Letting Contract 

after an award to him, it is desirable to require him to make a specific 
statement in the proposal that in case the award is made to him and he 
fails to enter the contract within a snecified time, he shall forfeit the 
amount deposited (as a certified check or bond) as liquidated damages 
for such failure. If the instructions simply require a check for a stated 
amount to accompany the bid, such deposit may be regarded as a pen- 
alty which can be retained only to the extent of the actual damages 
sustained and proved in a court of law.^ 

Such deposits may be required by law, and even when not so re- 
quired are a reasonable requirement which may be imposed if desired 
by the parties letting the work. Such requirement is especially de- 
sirable when work is advertised and the contractors who bid may or 
may not be responsible. 

To make such a forfeiture legally valid, the acceptance of the offer 
must be identical with the offer and no conditions more burdensome 
than those on which the offer was based can be imposed. In the ne- 
gotiations of a private company with selected responsible contractors 
or manufacturers for a contract for work, material or machinery, and 
especially where the letting is informal, such a deposit is not usually 
considered necessary and is seldom required. 

In fixing the amount of security required with the proposal, due 
consideration should be given not to impose undue hardships on bid- 
ders.^ Sometimes the amount necessary is fixed by law as a given 
percentage of the total amount of the proposed contract. Sometimes 
such security is tied up for a long period, pending final award ; and if 
the amount is large, it may seriously tie up the capital or resources of 
the bidders who may have a number of such proposals out at one time. 
From the bidders standpoint, a "bid bond" from a security company is 
more satisfactory. In general, however, the certified check is more 
satisfactory to the owner as in case of forfeiture it is more readily 
collectable without litigation than a bond. 

(a) "Security to the amount of $ will be required with each 

proposal." 

(b) "A certified check for $ shall accompany each bid as 

a guarantee that the bidder if successful, will enter into contract for 
the construction of the work, which if he refuses to do, will be for- 
feited to the city as liquidated damages, on account of such refusal." 



2 See Wait, Eng. & Arch. Jurisprudence, sec. 168, and Wait, Laws and Con- 
tracts, sees. 92-97. 

3 See Eng. News, Vol. 52, p. 152. 



Details of Instructions 217 

(c) "Each bid or estimate shall be accompanied by a certified 

check payable to or by the signing in writing, of two 

freeholders of the city of with their respective places of busi- 
ness or residence, to the effect that if the contract be awarded to the 
person making the estimate, they will upon its being so awarded be- 
come bound as sureties for its faithful performance, and that if he 

should omit or refuse to execute the same, within days after 

notice that such contract has been awarded to him, they will pay the 
corporation any difference between the sum to which he would be en- 
titled upon its completion, and that which the corporation might be 
obliged to pay to the person to whom the contract may be awarded at 
any subsequent letting; the amount in each case to be calculated upon 
the estimated amount of the work by which the bids are compared. 
The signing above mentioned shall be accompanied by an oath or con- 
firmation in writing of each of the persons signing the same that he is 
a freeholder in the city of and is worth the amount the se- 
curity required for the completion of the contract and stated in the 
proposal, over and above all his debts of every nature ; that he has of- 
fered himself as surety in good faith, and with the intention to execute 
the bond required by law, if the contract shall be awarded to the per- 
son or persons for whom he signs to become surety. The adequacy 
and sufficiency of the security offered, shall be approved by the mayor 

of the city of after the award is made and prior to the signing of 

the contract." 

L. Security with Contract. 

(a) "Security satisfactory to the mayor of the city of and 

equal to one-half the contract price will be required with the contract." 

(b) "The person or persons to whom the contract or contracts 
may be awarded, will be required to attend at this office, with the sure- 
ties offered by him or them, and execute the contract within 

days from the date of award ; and in case of the failure or neglect so 
to do, he or they will be considered as having abandoned it, and is in 

default to the city of ; and thereupon the work will be readver- 

tised and relet, and so on until the contract be accepted and executed." 

M. Miscellaneous Requirements. 

Other points to which the attention of the contractor is sometimes 
called are : 

(a) "The attention of bidders is called to the specifications and 
form of the contract under which the work is to be done; and also to 
the requirements in regard to security." 



218 Advertising and Letting Contract 

{b) "Bidders are informed that no deviation from these specifica- 
tions will be allowed, unless written permission shall have been ob- 
tained signed by " 

(c) ''A copy of the advertisement, these instructions and the speci- 
fications will be attached to the contract, and will form a part thereof." 

(d) "Plans can be seen, and specifications and form of the con- 
tract can be obtained, at the office of , of the city of 



A^. Plans and Specifications. 

A copy of the pamphlet containing instructions to bidders, form 
of proposals, form of contract, general conditions, general and de- 
tailed specifications and contract drawings will be furnished upon the 

receipt of a deposit of , which deposit will be returned to the 

bidder upon the return of the said pamphlet and contract drawings, in 
good condition within days after bids are opened. 

O. Qualifications of Bidders. 

No bid will be received from parties who are not regularly en- 
gaged in the kind of work to be let. The character and experience of 
the bidder will receive full and detailed consideration and he must be 
able to show a financial standing which will warrant the award of con- 
tract to him. Otherwise his proposal will not be considered. 

(a) "Bidders must accompany their proposal with samples of the 
material proposed to be used ; which samples shall be retained by the 
city and all materials furnished by the contractors shall be equal to the 
sample furnished." 

(b) "Bidders will state brands of material proposed and the make 
of other material which they intend to use in the work for which bids 
are proposed.^' 

(c) "Other things being equal, preference will be given to local 
labor and material." 

(J) "Bidders are invited to be present at the opening of the bids." 
{e) "The right is reserved to reject any or all bids or to ignore 
any irresponsible bidder known to be such." 

§ 136. Receiving and Opening Bids. — In public lettings, bids 
should be received up to a given hour, and any bids which are offered 
after that hour should be rigidly excluded. Such a provision may at 
first seem arbitrary and unnecessary, but bids are sometimes delayed 
for fraudulent purposes. If an extension of five minutes is allowed, 



Receiving Bids 219 

why not an hour, during which time other bids might be opened and 
the figures furnished to the late bidder ? An absolute and definite time 
requirement seems, therefore, essential. 

Bids should be sealed and should have the name and address of 
the bidder on the envelope in order that they may be returned unopened 
if such necessity should arise. In cases where many contracts are 
being let or when proposals are being received for a number of sep- 
arate contracts, the title of the work for which the proposal is sub- 
mitted should also be endorsed on the face of the envelope, in order 
that the bids may be sorted and arranged. 

The bids should be immediately opened and publicly read in the 
presence of the bidders and others interested. If held for even a few 
hours before opening, there is always a possibility of fraud. This pos- 
sibility is reduced to a minimum when they are immediately opened and 
immediately read in public. 

If time is essential to tabulate the bids, then the time of opening 
the bids should be made early enough to permit of such tabulation be- 
fore the meeting of the legislative body who is to make a final award. 

§ 137. Letting the Work. — In the letting of work, various con- 
siderations may influence those who have the matter in charge. The 
lowest and best bid should always be selected. In many cases the 
right decision is obvious, but the question may arise as to what con- 
stitutes the best bid. Differences in opinion may honestly arise from 
difference of experience, concerning men, methods and the weight to 
be given to various factors. Familiarity with a particular contractor 
may impress the individual favorably or unfavorably as the case may 
be, and fortunate or unfortunate experience with a certain material 
or machine may create an unfair judgment concerning the same, when 
it is compared with another similar material or machine, which the 
actual conditions do not warrant. Personal prejudice is an important 
factor in judgment which the engineer should endeavor to eliminate 
from his own decisions. 

The following factors, with the exception of items "C" and "D," 
may be legitimate influences in the letting of a contract.^ Factor "C 
is evidently corrupt while "D" is due to personal prejudice : 
In General. 

A. Price. 

B. Experience and Responsibility. 



1 Suggestion taken with alterations from Power, Feb., 1905, p. 112. 



220 Advertising and Letting Contract j 

1 

C. Politics. , 

Graft. 1 

Friendship. i 

Reciprocity. jj 

In selecting materials, supplies, etc., the following factors also en- ! 

ter: ^ : 

D. Fashion. -I 

/ E. Appearance. j 

Symmetry. 'i 

Finish. ^ 

In selecting machinery the following may also apply : 

F. Reputation. 

Of Manufacturer. 
Financial. 
Dependability. 
For Efficiency. 
As a machine. 
Capacity. 
Safety. 
Simplicity. 
Regulation. 
Design. 

Accessibility. 
Adjustability. 
Materials. 
Dimensions. 
Accessories. 
Workmanship. 

G. Delivery. 

Promised. 

Distance of shipment. 

LITERATURE 

Bids for Municipal Works. Discussion of value of published bid prices. 
Editorial. Eng. Rec. Vol. 49, p. 406. 

The Right to Withdraw Erroneous Bids. Account of Court ruling allow- 
ing withdrawal. Eng. News, Vol. 37, April 30, 1898. 

The Award of a Contract for Public Work to a High Bidder. Court au- 
thorized City of New York to award contract to best bidder. Eng. Rec. Vol. 54, 
p. 37. 



Literature 221 

Awarding Public Contracts to High Bidders. Account of Court ruling that 
award to high bidder was illegal. Eng. Rec. Vol. 54, p. 419. 

The Rejection of all Bids for Public Work. Objections to this procedure. 
Editorial. Eng. Rec. Vol. 58, p. 29. 

The Requirements and Theory of the Advertisement or Notice to Bidders 
on Contracts for Public Works, by Jerome Cochran. Eng. News, Vol. 66, 
p. 306. 

Instructions to Bidders on Contracts, by Jerome Cochran. Eng. News, 
March 7, 1912, pp. 434 and 453. 

Security for Contracts. Desirability of retained payments. Editorial. 
Eng. Rec. Vol. 55, p. 315. 

Surety Bonds of Three Classes, Bid on Proposal, Contract and Maintenance 
Bonds. Discussion of the bonds and fairness in contracts, by Fair Dodd. 
Eng. World, Vol. 4, p. 401. 

Concerning Contractors Surety Bonds. Discussion of failure of surety 
company's bonds to serve purpose by A. H. Markwart. Eng. News, Vol. 71, 
p. 1035. 

Contractors and Sureties. Recent decisions by U. S. Supreme Court and 
obligations that must be assumed in case of stoppage work, by Geo. A. King. 
Eng. Rec. Vol. 70, p. 50. 

Low Bidder Forfeits Surety. Account of court ruling at Cleveland, Ohio. 
Eng. Rec. Vol. 70, p. 219. 



CHAPTER XIII 

CONTRACTS 

§ 138. Ordinary Business Transactions. — Almost all business 
transactions involve contracts, either actual or implied. The majority 
of minor business transactions are so definite and so quickly executed 
that no written memoranda are either necessary or desirable. 

A calls B, a coal merchant, by telephone and inquires the price 
of hard coal. B replies $9 per ton. A asks to have ten tons delivered.v 
B delivers the coal ; A sends a check for $90. The transaction is com- 
plete ; an oral express contract has been entered into and performed ; 
no writing was necessary. 

§ 139. Necessity of Written Agreements. — When, however, the 
transactions become at all complicated, and where much time will 
elapse prior to or before final performance, the details of the agreement 
may become indistinct or uncertain in the minds of one or both of the 
parties, unless the same are reduced to writing. 

While an express contract may be either oral or written, it is 
highly desirable that if it is not to be immediately performed and com- 
pleted, it should be made in writing in order that a record of the 
transactions shall be made both as a memorandum for the informa- 
tion of the parties themselves, or for their administrators in case of 
death. This is especially desirable whenever the agreement is of mo- 
ment, and especially where it is at all complicated by general or tech- 
nical specifications of any kind that may possibly be misunderstood, 
overlooked or forgotten before its execution, or where other grounds 
of dispute may possibly arise. 

The habit of making all agreements, orders and instructions in 
writing will avoid m.uch confusion, many misunderstandings and pos- 
sible litigation. 

It is not always essential to prepare elaborate contracts. The de- 
gree of detail with which they should be prepared must depend largely 
upon the nature of the contract and the object for which they are writ- 
ten. Brief contracts with little or no detail, are warranted for circum- 
stances under which competition is limited to contractors known to be 
responsible and experienced, and whose material, work or machinery 
can be taken on their merit with few questions as to the character of de- 
tails. 



Contract by Letter 223 

§ 140. A Contract Made by Letter. — In simple transactions the 
contract may consist of an inquiry, an offer and an acceptance in the 
form of letters, which together will constitute a contract. A. B. C, a 
manufacturer of Rockford, Illinois, desires to arrange for a supply 
of coal for power purposes, and writes to various parties for prices. 
Among others, he writes X. Y. Z. of La Salle, Illinois, as follows: 
Messrs. X. Y. Z,, Rockford, Illinois, Nov. i, 1915. 

La Salle, Illinois. 
Gentlemen: 

We shall need during the year 191 6, about twelve hundred tons of 
soft coal, mine run, for power and heating purposes. We desire the 
coal delivered on the side track at our factory in this city, as needed. 

Will you kindly advise us at your early convenience if you will fur- 
nish this coal, and at what price ? Very truly yours, 

A. B. C. 

To this X. Y. Z. replies : 
Messrs. A. B. C, La Salle, III, Nov. 10, 1915. 

Rockford, Illinois. 
Gentlemen: 

In reply to your favor of the first instant: we will furnish you 
mine run coal from our Chapin mine near this city, twelve hundred 
tons of coal, more or less, as needed by you, delivered f . o. b. cars at our 
mine, for the sum of one dollar and fifty cents ($1.50) per ton, freight 
allowed to Rockford. 

It is understood that you are to advise us on or before the 15th of 
each month the amount of coal needed for the following month, and 
are to pay for the amount of coal delivered each month on or before 
the 15th of the following month. 

Hoping to receive your order for the same we are 

Very respectfully yours, 

X. Y. Z. 

A. B. C. having used mine run coal from Chapin mine is satisfied 
with the quality and price and writes : 
Messrs. X. Y. Z., Rockford, III, Nov. 11, 1915. 

La Salle, Illinois. 
Gentlemen: 

Your proposition of the loth instant to furnish the coal for our 
factory for the year 19 16, together with the terms of payment sub- 
mitted, is satisfactory and is accepted. 

Very truly yours, 

A. B. C. 



224 Contracts 

These letters constitute a contract, which is enforcible at law. 
A. B. C. must accept the "mine run coal" from the Chapin mine, and 
would probably have no recourse if the quality had deteriorated, as he 
has made no specification concerning quality, except that the coal be 
*'mine run" and from the Chapin mine. 

§ 141. Contract by Acceptance of Letter. — In general, the nego- 
tiations may not be as brief and to the point as in the above letters. The 
correspondence may be more voluminous, and it may be desirable to in- 
clude all negotiations in a single instrument, in which case the desired 
end may be accomplished by a direct written offer and acceptance or 
by a more formal agreement, either of which should be signed in du- 
plicate. 

Contract consummated by acceptance of written offer. 

Messrs. A. B. C, La Salle, Illinois, Nov. 20, 19 15. 

Rock ford, Illinois. 
Gentlemen: 

In accordance with our previous correspondence, we agree to fur- 
nish you the amount of coal needed by your factory during the year 
1916, about twelve hundred (1,200) tons more or less of two thou- 
sand (2,000) pounds each at the price of one dollar and fifty cents 
($1.50) per ton. 

This coal shall be mine run and from our Chapin mine, and shall be 
delivered during the year 19 16 as needed by you, f. o. b. cars on the 
side track at said mine, with freight allowed to Rockford. 

Your order for each month's delivery must be sent on or before 
the 15th of the preceding month. Payments for all coal delivered 
during any month shall be made on or before the 15 th of the month 
following. Letter in duplicate; please return one copy. 

Very truly yours, 
ACCEPTED: X. Y. Z. 

A. B. C. 

§ 142. A Formal Contract. — 

MEMORANDA OF AGREEMENT 

It is mutually agreed between A. B. C. and X. Y. Z., this twen- 
tieth day of November, A. D., 191 5, that the said X. Y. Z. shall fur- 
nish the said A. B. C, f. o. b. cars on the sidetrack of the Chapin mine. 
located near La Salle, Illinois, all coal that will be needed by him for 



Formal Contract 225 

the use of his factory at Rockford, IlHnois, during the year 1916, about 
twelve hundred tons (of 2,000 lbs.) more or less and the coal fur- 
nished shall be Mine Run Coal from said Chapin mine. 

This coal shall be delivered during the year 1916, and as needed. 
The order for each month's delivery shall be sent on or before the 15th 
of the preceding month. The said A. B. C. agrees to pay the said 
X. Y. Z the sum of one dollar and fifty cents ($1.50) per ton for said 
> coal, with freight allowed from the Chapin mine to Rockford, Illinois, 
and all payments shall be made on or before the fifteenth of the month 
for all coal delivered during the preceding month. 

Signed A. B. C. 
Witness : Signed X. Y. Z. 

D. C. W. 

§ 143. Written Executory Contracts. — The written executive 
contract may include all forms from the simple contracts, such as shown 
above, in which no technical specifications are included and the general 
conditions are few, to the elaborate contract necessary for the more 
complicated technical work that requires the preparation of numerous 
general conditions and many general and detailed specifications. In 
every case the contract or article of agreement should include, besides 
all requirements for a valid contract (see Sec. loi), 

1. Parties to the contract (names, description, residence, etc.). 

2. Subject matter: 

Promises to be performed (work, materials, etc., to be fur- 
nished or done). 
Counter-promises (payments to be made). 

3. Time of performance. 

4. Date of contract. 

5. Signatures. 

These matters are usually written in a more or less formal manner 
with certain set forms of introduction, declaration and closure, which 
are, however, legally unessential. The essential features of an agree- 
ment are simply those features necessary to indicate clearly the nature 
and extent of the obligations assumed by all parties concerned. 

In many cases the purchaser may not be acquainted with the ex- 
act nature of the material or supplies which can be purchased from a 
certain miner, manufacturer or dealer, and may desire to secure ma- 
terial or supplies of a certain and definite kind, or he may desire cer- 
tain work done, machinery furnished or structures built in a certain 



226 Contracts 

way, for a certain purpose, or to accomplish certain results. There 
may also be certain responsibilities which the owner desires the con- 
tractor to assume, and the contractor may be asked to agree to certain 
conditions in regard to supervision, inspection, etc., and may also in- 
clude certain further conditions in regard to the manner and methods 
of conduct of the work, and certain conditions in regard to the financial 
arrangements, payments, etc., may be desired. 

In order that the owner may secure a definite offer for the under 
taking, he should prepare a form of agreement which should contain 
all the conditions and specifications which may be necessary to describe 
clearly the undertaking and make his wishes in the premises definitely 
and distinctly manifest. 

In case these conditions and specifications are brief, they may be 
written into the form of agreement but where they are elaborate and 
involved they may better be included by reference in the agreement 
and be prepared as one or more separate and distinct paper which may 
be included under several heads such as : General conditions, General 
specifications, and Specifications for 

In any event the agreement either within itself or together with 
the attached papers should explain exhaustively all matters concerning 
the work and material, and should contain all covenants regarding 
supervision, conduct of the work, responsibility of either party, pay- 
ments, guarantees and all specifications relative to the methods to be 
employed in its performance, and the materials, supplies and appliances 
to be furnished or used in the construction. Clearness, explicitness, 
inclusiveness, brevity, and proper arrangement are ends to be attained 
in their preparation. That and only that which it is desirable to cove- 
nant or to specify, should be included, and all covenants and specifica- 
tions should be stated in the shortest and clearest terms compatible 
with a proper and clear understanding of the matter intended to be set 
forth. 

The complete form of agreement, including all covenants and 
specifications, forms the basis for the negotiations for a contract. 
While in important work the form of agreement is usually prepared by 
one party to the contract without consultation with the other party, 
who in general is unknown, it must be so prepared that all its clauses 
will be acceptable or accepted by the contractor or no contract can be 
made without its modification. 

Frequently the negotiations are preceded by an advertisement, the 
purpose of which is to call the attention to the undertaking, and often 
further information is given to those who desire to become contractors 



Written Executory Contracts 227 

through information included in a paper entitled ''Instructions to Bid- 
ders/' or ''Information to Bidders/' and, lastly, an offer to perform 
the undertaking may be made on a prepared form by which the various 
bidders offer to perform the undertaking under the proposed agree- 
ment, at a certain price or at certain prices which, being submitted in 
the same way, become comparative, unless other factors besides price, 
such as difference in quality of material, in workmanship, or in experi- 
ence and reliability, become of importance. When a satisfactory pro- 
posal is received, it is accepted subject to the making of a written con- 
tract, in which event the "Advertisement/' "Instructions/' "Proposal/' 
and "Form of Agreement/' "General Conditions/' "General Specifica- 
tions/' and "Detailed Specifications" are united, and when signed, con- 
stitute the contract. In some cases the drawings are also attached to 
the contract, but in most cases they are included by reference only. 

§ 144. Form. — All agreements upon which bids are to be re- 
quested and contracts are to be based should be complete and should 
be so arranged as to lead to the utmost clearness in the understanding 
of what is necessary in making out proposals, submitting bids, enter- 
ing into the contract, and executing the obligation. The arrange- 
ment should also be such as will facilitate ready reference to each and 
every point which is therein mentioned. Completeness is necessary on 
account of the fact that an acceptance of an offer, to legally consum- 
mate a contract, must be identical with the offer, and the fulfillment 
of an offer cannot be enforced if it involves the signing of a contract 
containing other and more onerous conditions than those on which 
the offer is based. Hence, if the papers are entirely complete and 
available at the time the proposal is made, the acceptance will usually 
consummate the contract. It is therefore also desirable that an ac- 
ceptance be made provisional on the final consummation of the written 
contract. 

A systematic and orderly method in the preparation of all the 
papers in connection with any contract is advisable, for by adopting 
such methods the ground can be completely and systematically covered 
and no details omitted. To facilitate uniformity and to prevent omis- 
sion and misunderstanding, the arrangement of papers should usually 
be such that by the filling of blanks, the attachment of such supple- 
mentary specifications as the contractor may be required to furnish, 
the signing of the agreement, and execution of the bond, the contract 
can be consummated. 

The agreement often includes the "General Conditions," and even 
the "Specifications." The general conditions are sometimes, and the 



228 Contracts 

specifications often, written separately and confined to their own par- 
ticular subject. The incorporation of either the general conditions or 
the specifications into the agreement is not essential, as a reference 
in the agreement to any papers, and their attachment thereto, make 
them equally a part of the contract. This is also true of the ''Adver- 
tisement/' ''Instructions/' "Proposal/' etc. Even a proper reference 
to these papers, sufficient for their identification, is sufficient to make 
them a part of the contract, though unattached, but identification is com- 
plete if they are attached. A reference to the drawings, sufficient for 
identification, is all that is necessary, and the attachment of such draw- 
ings to the contract is unusual except in the case of standard machin- 
ery where photographs and illustrations may either be attached to or 
accompany the contract. These papers when printed are often printed 
and bound in the ordinary legal document form, that is, bound at the 
top and opening from the bottom. The pamphlet form, however, is 
largely used and is much handier for reference and much to be pre- 
ferred to the legal form. When the papers are printed, and the legal 
form is used, the matter should usually be printed on only one side 
of the paper, as this arrangement ofifers greater facilities for examina- 
tion and use. In the pamphlet form, both sides of each sheet may be 
utilized, the papers being therefore less bulky. In the arrangement of 
the matter in either case, the following order may be used : 

Title: Front page of cover. (Description only.) 

Advertisement: Second page of cover. (Sometimes printed on 
the back of the cover, and generally omitted in private con- 
tracts.) 

Table of Contents (or Index.) 

Estimate of Amounts of Work to be Done. (Not essential, but 

often desirable.) 

Instructions to Bidders. C Often included under either heading; 

Information for Bidden ( not used in simple contracts. 

Form of Proposal. 

Form of Bond with Proposal. (If one is used.) 

Agreement. 

General Conditions. f -r-- i r . r .1 

^ , ^ .- . J Either as a part of or separate from the 

General Specvncations.'S . . ^ 

T^ ^ -7 ^ c^u -j: ^- fc^rm of agreement. 

Detailed Specifications. L 

Form of Bond zvith Agreement. (This may be, and usually is, a 

separate instrument.) 

Form for Filing. (Back page of cover.) 



Form 229 

When the advertisement is printed on the back of the cover, it 
should be so arranged that when the document is folded, the form of 
filing will be on one side and the advertisement on the other side. 
Sometimes the printed advertisement is cut from the paper in which 
it appears, and is fastened to the Form of Contract, which answers 
every purpose. 

The bond to accompany the contract may be made a separate in- 
strument and not included under the same cover as the other papers. 
This is certainly as well, as reference to the bond is seldom necessary, 
while the agreement and specifications are generally required for fre- 
quent reference. 

§ 145. General Clauses for Agreement. — When the general con- 
ditions are not included in the form of agreement it should usually 
include only those important covenants that define, and fix the direct 
relation of the parties to each other in the most important matters. 
The following are suggested as the headings under which the datx 
for an agreement may be prepared, subject to such modification as may 
be found desirable on different classes of work : 

Outline for Agreements 

1. Introduction of agreement and date of same. 

2. Designation of parties, name, description and residence. 

3. Declaration of agreement, parties and legal representation. 

4. Exhibits as attached conditions, specification, drawings, etc. 

5. Time of beginning and completion. 

6. Liquidated damages. 

7. Payment. 

8. General provisions, bond, etc. 

9. Final clauses, date or reference to date, signatures, seal, wit- 
nesses and acknowledgment. 

Discussion of Articles of Agreement 

I. Introduction to Agreement and Date of Same. — No specific 
form of introduction is required by law. A great variety of forms are 
in use among which may be noted the following : 

a. "This agreement made and concluded this day ot , A. D. 

by and between ." 



b. "This contract made and concluded by and between 



230 Contracts 

The date on which a contract was made often becomes of much 
importance and should, therefore, be duly recorded/ In form "b" the 
date is usually written at the end of the contract. 

2. Designation of Parties^ Names, Residences and Description of 
Same. — No specific form is required for this particular clause of the 
agreement, but the parties to the contract should be so clearly desig- 
nated that their residence and their relations to the contract will be 
fully understood. The following form is commonlv used : 

"By and between the City of Madison, a municipal corporation in 
the County of Dane, State of Wisconsin, represented by the Mayor and 
City Clerk, party of the first part, and The Blank Construction Company, 
a corporation organized and existing under the laws of the State of 
Illinois with its principal office in the City of Chicago, County of Cook and 
State of Illinois, represented by John Doe, General Manager, party of the 
second part." 

When a contract is made by a corporation through its authorized 
representatives or agents, the relation and authority of the representa- 
tives or agents should be clearly stated in order that the authority may 
be properly investigated and clearly understood, and in order that the 
personal liability of the representatives or agents may be avoided.^ 

"By and between the Mayor, Aldermen, and Commonalty of the City of 
New York, acting by and through the Aqueduct Commissioners, by virtue 
of the power vested in them by Chapter 490 of the Laws of 1883, of the State 
of New York, parties of the first part, and ." 

The following example used by the Metropolitan Water and Sew- 
erage Board differs somewhat in form from the preceding : 

" , and the Metropolitan Water and Sewerage Board 

duly constituted, and appointed under and according to the provisions of 
Chapter 168 of the Act of the Legislature of the Commonwealth of Massa- 
chusetts of the year 1901, herein acting for the Commonwealth, and without 
personal liability ta themselves, and hereinafter designated as con- 
tractor agree as follows:" 

As different states have different statutory modifications of the 
common laws, it is important that the residence of both parties to a 
contract be stated. If the parties to a contract reside in different 
states, the place at which the contract is made will ordinarily fix the 
laws under which the contract is to be interpreted. This matter may 
be definitely fixed, however, by including in the agreement a statement 
that: 

"This contract is to be regarded as a Wisconsin (or such other state as 
may be desired) contract." 



1 See Wait, Engineering and Architectural Jurisprudence, sec. 59. 

2 Wait, Engineering and Architectural Jurisprudence, sees. 29-39. 



General Clauses 231 

The term "party of the first part" conventionally applies to the 
person who contracts to sell, lease, or have performed the subject mat- 
ter of the contract. The term ''party of the second part" convention- 
ally applies to the person who agrees to take or to purchase the article 
or to perform the contract. The use of these terms is frequently 
avoided by using instead some designation for the parties, such as 
"the company," "said contractor," "said owner," "said board," "said 
manufacturer," etc., etc. 

3. Declaration of Agreement — Parties and Legal Representatives. 
This clause may also differ greatly in form. The following is a com- 
mon form : 

"Witnesseth that for and in consideration of the payments and agree- 
ments hereinafter mentioned to be made and performed by said Party of 
the First Part and under the penalty expressed in a bond, bearing even date 
herewith, the said party (or parties) of the Second Part agree with the 
said Party of the First Part at his (or their) own proper cost and expense 
to do all work and furnish all material called for by this agreement in the 
manner and under the conditions hereinafter specified." 

Provisions for the death or incompetency of either party to a con- 
struction contract are usually provided for by definitely including "the 
heirs, executors, administrators, or assigns" of a person, or the "suc- 
cessors or assigns" of a corporation.^ 

Example — 

"The said Party of the Second Part does hereby, for himeelf, his heirs, 
executors, administrators or assignees, promise and agree with the said 
Party of the First Part, its successors or assigns, at his own proper cost 
and expense, etc." 

When a contract is made for the personal skill or professional 
knowledge of the contractor, it will be discharged by his death, other- 
wise the legal representative of the contractor is liable under it and 
reference to "heirs, administrator or executor^' is unnecessary. Their 
mention in the contract is, however, evidence that the contract is not 
of such a personal character. In the same way the term "assignee" 
should be omitted either when "personal skill" is contracted for or when 
the agreement includes clauses prohibiting an assignment of the con- 
tract.* 

4. Exhibits. — When the general conditions and specifications are 
not included in the form of agreement, a paragraph must be introduced 

3 Ibid, sees. 7-12. 

4 Ibid, sees. 13-16. 



232 Contracts 

in the agreement by which it is stipulated that such conditions, specifi- 
cations, etc., as may be essential are to be attached thereto and made 
a part thereof. For example : 

"The parties to this agreement hereby stipulate that the following ex- 
hibits, which are attached hereto, are made a part hereof as though written 
herein : 

The advertisement marked "Exhibit A." 

The instruction to bidder marked "Exhibit B." 

The form of proposal marked "Exhibit C." 

The general condition marked "Exhibit D." 

The general specification marked "Exhibit E." ^ 

The detailed specification marked "Exhibit F," 

The contract drawings marked "Exhibit G." 

Exhibit G shall consist of drawings described and numbered as follows: 



Here should follow the title and number or other distinctive mark 
of the various drawings. 

When the general conditions are included in the form of agree- 
ment and the specifications are not, the clause concerning the exhibits 
makes them a part of said agreement, such as the following : 

a. "All work shall be done and all material furnished in strict conform- 
ity with appended advertisement marked 'Exhibit A,' instructions to bid- 
ders marked 'Exhibit B,' and specifications marked 'Exhibit C,' which are 
appended hereto and are hereby made a part of this agreement,' or 

b. "And it is further expressly agreed that the said excavation shall be 
made and said masonry shall be built, and all grading and filling shall be 
done, and all work, labor and material to be done and furnished under this 
contract shall be done and furnished strictly pursuant with and in conform- 
ity to the specifications hereto annexed which are made a part of this agree- 
ment." 

5. Time. — When the general conditions are not included in the 
agreement and the time of completion is a matter of considerable im- 
portance, one of the articles in the general form of agreement is com- 
monly devoted to this subject, although the further general conditions 
and stipulations in regard to delays, extension of time, and forfeitures 
are placed in the general conditions. 

The article in the form of agreement may be essentially as fol- 
lows: 

The contractor further agrees to begin work within • days from 
the date of this agreement and to prosecute the work so that it will be en- 
tirely completed on or before . The maintenance of a greater progress 

in this work which will result in its completion within a specified time, is 
an essential feature of this contract, and the contractor agrees to do all 



General Clauses 233 

things and to take all necessary precautions to insure the rate of progress 
and the time of completion as stated and defined in this agreement and in 
the attached specification. 

6. Liquidated Damages.^ — The liquidated damages to be paid by 
a contractor for delays in the completion of the work undertaken by 
him to be completed in a given time under the stipulations outlined in 
paragraph 5 are usually of sufficient importance to be included as one 
of the articles in the form of agreement, even in cases where the gen- 
eral conditions are made a separate exhibit of the contract. This may 
be done by stipulations essentially as follows : 

The party of the second part agrees to pay the party of the first part 

as liquidated damages the sum of dollars per day for each and every 

day that he delays the completion of the entire work to be done under this 
contract; and the party of the first part shall have the right to deduct the 
amount of any such liquidated damages from any moneys due or which 
may become due to the party of the second part under this contract, and to 
collect from the party of the second part and his sureties any excess of such 
liquidated damages over and above the amount that would be otherwise due 
the contractor. 

7. Payments. — The payments to be made under an agreement are 
provided for in various ways. In some cases the form of proposal, 
after being accepted, is attached as an exhibit to the agreement, in 
which case it is stipulated in the agreement that payments shall be 
made in accordance with the prices set forth in the exhibit and in con- 
formity with the general conditions and specifications attached to the 
agreement. In other cases, a schedule of unit prices and estimated 
quantities is included as one of the articles in the general form of 
agreement. This is apparently done for the reason that the payments 
are a most important factor and that such importance warrants their 
insertion into the agreement itself. These two forms are shown in the 
following examples : 

(a) For and in consideration of the faithful performance of the con- 
tract by the party of the second part in full accordance with the plans and 
specifications, and with the stipulations herein contained or attached hereto, 
the party of the first part agrees to pay to the party of the second part the 
prices set forth in the form of proposal, which is marked ''Exhibit C" and 
attached hereto and made a part hereof. Said payments shall be made in 
accordance with the general conditions and specifications attached hereto. 

(b) For and in consideration of the faithful performance of this con- 
tract by the party of the second part in full accordance with all of the pro- 
visions of the same as set forth in this agreement and in the various ex- 



5 See also Paragraph M, Sec. 153. 



234 Contracts 

hi bits attached hereto, the party of the first part agrees to pay to the party 
of the second part, in the manner and at the times hereafter set forth, and 
at the rates mentioned and described in the following schedule of unit prices, 
to wit: 

Schedule of Unit Prices 

Item Class Unit of Quantity Unit Price 

8. Provisions for Bond, etc. — The provisions for bond are some- 
times included under paragraph 3, as shown in the examples given 
therein. In other cases they are stipulated in an article at the end of 
the form of agreement, essentially as follows : 

^'Contract and Bond. — It is further agreed by the parties to this contract 
that this contract shall be executed in triplicate, one copy being retained 
by the party of the first part, one to be delivered to the party of he second 
part, and one to be delivered to the chief engineer. 

"The party of the second part further agrees to execute a bond in the 

sum of dollars for the faithful performance of the work and in the 

form provided for that purpose, and it is agreed that this contract shall be 
void until such bond is signed, delivered, and approved by ." 

9. Final Clause and Signatures. — In the final clauses and signa- 
tures it is important to see that all legal requirements are duly com- 
plied with. In the case of corporations, either public or private, the 
rights of the parties signing the agreement for such corporatons should 
be carefully determined in order that the agreement may be a legal and 
binding obligation on such corporation. In some cases a seal is de- 
sirable or essential; in other cases witnesses to the signature are nec- 
cessary ; and in still other cases, acknowledgment before a notary pub- 
lic is required. 

"In witness whereof the parties to these presents have hereunto set 
their hands and seals the day and date first above written." 

Where the date is not inserted in the first part of the contract, the 
final clause should be as follows : 

"In witness whereof the parties to these presents have hereunto set 
their hands and seals this day of , A. D. 19 — ." 

10. Importance of Mutuality. — It is exceedingly important to keep 
in mind the necessity of mutuality in the preparation of a contract. 
Clark says, "Mutuality of engagement is necessary, and, if the condi- 
tion or contingency produces want of mutuality, the consideration is 
insufficient. Both parties must be bound or neither is bound."* 

In the preparation of contracts attempts are sometimes made to 
reserve to the parties letting the work, unfair privileges which undoubt- 



*Clark on Contracts, 3rd Ed. page 145, 



General Clauses 235 

edly invalidate the contract, as would be found should such contracts 
reach the courts. Fresuently such unfair stipulations are used and 
re-used, since their validity may not be questioned. Such continued 
use is no assurance of their validity. Such unfair stipulations tend 
to increase the contract price of the work and are undesirable both 
for this reason and on account of their lack of equity. 

A contract made by the City of Ft. Worth Texas, for certain 
public improvements and containing such clauses was declared void 
]>y Judge E. R. Meek of the Federal Court, Northern District of Texas. 
The clause in this contract was as follows : 

"And the party of the second part hereby further agrees that if on 
account of any restraining litigation or legal proceedings against the party 
of the first part, or on account of lack of funds to carry on the work, or 
if for any reason it may appear to said City to be necessary or for the 
interest of the City of Fort Worth to suspend work entirely, and to cancel 
this contract wholly and completely, then the said city shall have the 
power to at any time cancel this contract wholly and completely, although 
the contractor may not be in default, and the party of the second part 
hereby specially agrees that such cancellation, if done, shall not entitle 
him to any claim for damages, or for prospective profits on any work 
remaining to be done; but if the contractor be not in default, he shall be 
paid in full for all work done, and for all materials delivered in accordance 
with this contract, up to the time of notice of such cancellation, and there- 
upon shall be released from all obligations hereunder for the completion 
of this contract." 

It was pointed out that while the City reserved this right to cancel 
the contract, the contractor had no such right ; that the clause, if ad- 
hered to, and acted upon by the City when the work was constructed 
only in small part, might work great injustice on the contractor inas- 
much as all the "overhead" expense necessary in getting the work 
under way would have to be borne by him, and that therefore the 
contract was void on account of lack of mutuality. 



CHAPTER XIV 

GENERAL CONDITIONS OF THE CONTRACT 

§ 146. Outline. — The general conditions to be included in any 
contract will depend on the character and extent of the work and will 
usually vary with each special case. These conditions may be em- 
braced under seven subdivisions as follows : 
I. Definitions. 
II. Rights and Responsibilities of Owner. 

III. Engineer's Authority. 

IV. Prices and Payments. 

V. Contractor's Responsibilities. 
VI. Conduct of Work. 

VII. Police and Sanitary Regulations. 

These divisions, the titles of which, in general, indicate the nature 
of the conditions which should be included thereunder, may be subdi- 
vided as the conditions in each particular case require. In section 147 
these main divisions are further subdivided and as given and dis- 
cussed in the following sections include all of the general conditions 
usually necessary for extended contracts. In most contracts many of 
the conditions herein discussed will not apply and only such should be 
included as are pertinent to the particular conditions for which the 
contract is purposed. 

§ 147. Outline of General Conditions. 

I. Definitions. 
II. Rights and Responsibility of Owner. 

A. Inspection and supervision. 

B. Right of access and collateral works. 

C. Changes, alterations and extra work. 

D. Discrepancies and omissions. 

E. Property, material, etc., furnished by first party. 
III. Engineer's Authority. 

A. To supervise and direct work. 

B. Assistant engineer and inspector. 

C. To furnish lines and grades. 

D. To determine quantities and measurements. 

E. To define terms and explain plans. 



Outline of General Conditions 237 

F. To provide for emergencies. 

G. Engineer cannot waive obligations. 
H. To modify methods and equipment. 

/. To retain imperfect work. 
/. Arbitration. 

IV. Prices and Payments. 

A. Estimates and payments. 

B. Delayed payments. 

C. Extra work. 

D. Contract prices. 

E. Bond and sureties. 

F. Guarantees. 

V. Contractor's Responsibilities. 

A. Persons interested in contract. 

B. Personal attention of contractor. 

C. Contractor's address. 

D. Agents, superintendents and foremen. 

E. Compliance with laws. 

F. Protection against negligence and damage. 

G. Protection against claims for labor and material. 
H. Infringements of patents. 

/. Assignment. 

/. Termination of contract if abandoned, assigned, de- 
layed or violated. 
K. Time and order of completion. 
L. Rate of progress. 
M. Liquidated damages. 

VI. Conduct of Work. 

A. To keep plans and specifications on the work. 

B. Character of employees. 

C. Sustain all losses and damages. 

D. To protect work. 

E. Hindrances and delays. 

F. To remedy defective work. 

G. Construction plant. 
VII. Police and Sanitary Regulations. 

A. Sanitation. 

B. Intoxicants. 

C. Camps. 

VIII. Exhibits. (See § 145, paragraph 4, p. 213.) 



238 General Conditions of the Contract 

§ 148. Definitions. 

Interpretation of Phrases and Definitions or Other Similar Title. — 
It is desirable to include in the general conditions definitions of the 
various phrases or terms used throughout the contract, such as ''Party 
of the First Part," 'Tarty of the Second Part," "Contractor," "Engi- 
neer," "Chief Engineer," "Inspector," "Owner," "Company," "City," 
and any other words, terms or abbreviations which are not otherwise 
fully defined. This may be done by inserting paragraphs descriptive 
of each title or terms as follows : 

"Whenever the word(s) or the expression 'Party of the First 

Part' or 'First Party' are used in this contract, it shall be understood as 
referring to (here describe the person, company or corporation enter- 
ing into the contract to have the same performed) " 

"Whenever the word 'contractor' or the expressions 'Party of the Sec- 
ond Part,' or 'Second Party,' are used it shall be understood to mean the per- 
son, persons, co-partnership or corporation who has agreed to perform this 
contract or to his or their legal representatives." 

"Whenever the word 'Engineer' is used in this contract it shall be un- 
derstood as referring to the Chief Engineer of the party of the first part, or 
such other engineer, superintendent or inspector as may be authorized by 
said first party to act in any particular." 

"Whenever the words 'Directed,' 'Required,' 'Permitted,' 'Ordered,' 'Des- 
ignated,' 'Considered Necessary,' 'Prescribed,' or words of like import are 
used, it shall be understood that the direction, requirement, permission, or- 
der, designation, or prescription, etc., of the Engineer is intended; and 
similarly, the words 'Approved,' 'Acceptable,' 'Satisfactory,' or words of like 
import, shall mean approved by, or acceptable or satisfactory to, the Engi- 
neer." 

§ 149. Rights and Responsibilities of Ovv^ner. 

A. Inspection and Supervision. — Unless the owner is willing to 
assume responsibility for the negligence of the contractor and the re- 
sult ultimately to be accomplished under the contract, he must not im- 
pose his control of the manner and method by which the results are to 
be accomplished.^ 

The retention of the control of men and method by the owner de- 
stroys the relations of "Owner and Independent Contractor" and es- 
tabhshes the relation of "Master and Servant" or of "Principal and 
Agent." 2 

The owner may direct as to the result of the undertaking, and may 
prescribe in the specifications and plans the method and manner of do- 



1 Wait, Engineering and Architectural Jurisprudence, Sec. 651. 

2 Ibid, Sees. 653 to 659 and Sees. 665 to 666. 



Rights and Responsibilities of Owner 239 

ing the work. He may delegate the direction and supervision of the 
work to his authorized agent or agents, that is to his engineers, in- 
spectors, etc. In this case the contractor by accepting the contract, ac- 
cepts such methods and manner of doing the work as his own.^ Care 
should be exercised in including in the contract and specification, such 
requirements as are considered necessary as to the method of doing 
the work and as to the final result to be obtained, but any assumption 
of detailed control of manner or methods during the construction of 
the work should be studiously avoided, if, as is usually the case it is 
desired to fix the responsibility for the conduct of the work and for 
the results of the same, on the contractor.* 

Such supervision and inspection as may be desired must be speci- 
fied and described in the agreement. Any aid that the contractor is to 
furnish in connection with such inspection must also be clearly specified. 

"It is agreed by the party of the second part that the party of the first 
part shall he, and is hereby authorized to appoint from time to time such 
engineer, superintendent or inspector as the said first party may deem 
proper, to inspect the material to be furnished and the work to be done un- 
der this agreement and in accordance with the specifications therefor. The 
contractor shall furnish all aid and assistance required by the engineer, su- 
perintendent or inspector for the proper inspection and examination of the 
work and all parts of the same. The contractor shall regard and obey the 
directions and instructions of any engineer, superintendent or inspector so 
appointed when the same are consistent with the obligations of this agree- 
nient, and of the specifications attached hereto, or said contractor shall imme- 
diately appeal to the Chief Engineer for his decision, and shall respect such 
decision when so rendered." 

B. Right of Access and Collateral Work. — Unless otherwise pro- 
vided, an agreement for construction will ordinarily give the con- 
tractor full possession of the building, plant or field of operation, and 
if other contractors are to furnish material or to do work which may 
result in more or less interference, proper provision should be made 
in the agreement to retain this right. 

This stipulation should reserve the right of access to the work 
when such reservation is necessary or desirable. The reservations 
made, however, should not be such as may needlessly cause possible 
trouble or extra expense to the contractor. 

"The party of the first part reserves the right to enter the property or 
location on which the works herein contracted for are to be constructed or 



3 Ibid, Sees. 660 to 664. 

4 Ibid, Sec. 667, 



240 General Conditions of the Contract 

installed by such agent or agents as it may elect for the purpose of con^ 
structing or installing such collateral works as said first party may de^re. 
Such collateral works will be constructed or installed with as little hindrance 
or interference as possible with the party of the second part. The party of the 
second part hereby agrees not to interfere with or prevent the performance of 
such collateral work by the agent or agents of the party of the first part, or 
to claim any extra compensation or damages by delays or hindrances which 
may be caused by the construction or installation of such collateral work." 

" and his engineers, agents or employees may, for any 

purpose, and other contractors may, for all the purposes which 

may be required by their contracts, enter upon the work and the premises 
used by the contracto'r, and the contractor shall provide safe and proper 
facilities therefor. Any differences or conflicts which may arise between the 

contractor and other contractors of in regard to their work 

shall be adjusted and determined by the engineer." 

C Changes, Alterations and Extra Work. — Provisions may be 
made for changes, alterations or extra work, but when so made, they 
may be exercised only in the manner and to the extent provided in the 
agreement.^ 

It should be noted, however, that any unauthorized changes in the 
contract will release the sureties on the contractor's bond, but that said 
sureties will not be released from the contract by changes which are 
duly authorized therein.^ 

"The said party of the second part further agrees that the said firfst 
party may make such alterations as said party may see fit in the line, grade, 
form, dimensions, plan or material of the work herein contemplated, or any 
part thereof, either before or after the commencement of the construction. 

"If such alterations diminish the quantity of the work to be done, they 
shall not constitute a claim for damages or anticipated profits on the work 
that may be dispensed with. If they increase the amount of work, such in- 
crease shall be paid for according to the quantity actually done, and at the 
prices established for such work under this contract; provided, however, that 
if said first party shall make such changes or alterations as shall make use- 
less any work already done or material already furnished or used in said 
work, that said first party shall recompense said party of the second part 
for any material or labor so used. No work shall be regarded as extra work 

unless it is ordered in writing by the Chief Engineer and endorsed by 

, and with the agreed price for the same specified in said order, pro- 
vided said price is not otherwise determined by this contract. All claims 
for extra work shall be made to said first party within sixty days after its 
completion, and, failing to make such claims within this time, all rights of 
the contractor for extra pay for such work shall be forfeited." 



5 Wait, Engineering and Architectural Jurisprudence, sees. 551 to 571. 

6 Ibid, Sees. 20, 21 and 576. 



Rights and Responsibilities of Owner 241 

It is exceedingly undesirable to make changes in work which has 
been let under a contract, but in many cases such changes become ne- 
cessary on account of the development of conditions which have not, 
and, in many cases could not, be readily determined in advance of the 
beginning of the work. Radical changes, which materially affect the 
nature of the contract, either by a large increase or a considerable de- 
crease in the quantity of the work or by a change in its character are 
unfair and may result in serious injustice to the contractor. Such 
changes should, therefore, be limited in amount and such limits should 
be as small as safety will permit and should seldom exceed 25 per cent. 
If larger changes become necessary, they should be accomplished by 
the negotiations of a supplementary contract. 

"The said party of the second part further agrees that the said first 
party may make such alterations as said party may see fit in the line, grade, 
form, dimensions, plan or material of the work herein contemplated, or any 
part thereof, either before or after the commencement of the construction. 
It is agreed, however, that the change in the amount or quantity of any item 
shall not exceed twenty-five per cent. (25%) of the estimated amounts on 
which the bids were compared, and that if any changes are made to exceed 
this amount such changes shall be based on a supplemental agreement to be 
made therefor. 

"If such alterations diminish the quantity of the work to be done, they 
shall not constitute a claim for damages or anticipated profits on the work 
that may be dispensed with. If they increase the amount of work, such in- 
crease shall be paid for according to the quantity actually done, and at the 
prices established for such work under this contract; provided, however, that 
if said first party shall make such changes or alterations as shall make use- 
less any work already done or material already furnished or used in said 
work, that said first party shall recompense said party of the second part 
for any material or labor so used. No work shall be regarded as extra work 

unless it is ordered in writing by the Chief Engineer and endorsed by 

, and with the agreed price for the same specified in said order, pro- 
vided said price is not otherwise determined by this contract. All claims 
for extra work shall be made to said first party within sixty days after its 
completion, and, failing to make such claims within this time, all rights of 
the contractor for extra pay for such work shall be forfeited." 

D. Discrepancies and Omissions. — Where discrepancies are found 
between plans and specifications, which is frequently the case, in minor 
matters at least, the court ^will determine, if possible, the actual in- 
tention of the parties at the time of signing the agreement. Provisions 
may be and usually are made that the engineer may explain such dis- 
crepancies and may decide which shall prevail."^ 



7 Wait, Engineering and Architectural Jurisprudence, sees. 225 to 235. 



242 General Conditions of the Contract 

Any work or material not shown on the drawings or described in the 
specifications but which may be fairly implied as included in any item of 
the contract, shall be done and furnished by the contractor without additional 
charge therefor." 

Provisions may also be included in the agreement for the correc- 
tion of errors or omissions in matters or things which are fairly im- 
plied by the agreement, and the same rules hold as in the case of dis- 
crepancies. 

It is evident that the greatest care should be exercised to see that 
the plans and specifications fully agree and that discrepancies are prac- 
tically eliminated, also that the plans and specifications are complete. 
If care is exercised in these regards, the chance of serious discrepancies 
or omissions is remote. When plans and specifications are only gen- 
eral in character and show evidence of hasty or careless preparation 
contractors should refuse to bid upon the same if the engineer is em- 
powered by the contract to determine discrepancies and require omis- 
sions to be furnished at his discretion and without arbitration. 

These clauses should be so written as to prevent the possibilities 
of unjust claims for minor discrepancies or immaterial omissions but 
should not impose upon the contractor the expense of rectifying the 
mistakes of the engineer. 

"Discrepancies: Should there be any discrepancy between plans and spec- 
ifications for the work herein specified, the engineer shall define which is 
intended to apply to the work in hand, and the contractor shall be bound by 
such decision." 

"Omissions: Any work or material not herein specified but which may 
be fairly implied as included in the contract, of which the Chief Engineer 
shall be the judge, shall be done by the contractor without extra charge." 

"This agreement including the specifications, plans and estimates is in- 
tended to be sufficient to show all work to be done and material to be fur- 
nished hereunder. The quantities of the various classes of work and material 
to be done and furnished under this contract are approximate and are to be 
used only as a basis for estimating the probable cost of the work and for com- 
paring the proposals offered for the work, on a uniform basis. It is under- 
stood and agreed that the actual amount of work to be done and material to 
be furnished, under this contract may differ somewhat from these estimates, 
and that the basis for payments under this contract shall be the actual 
amount of such work and material done and furnished. 

"The contractor agrees that he will make no claim for damages, antici- 
pated profits or otherwise on account of any differences which may be found 
between the quantities of the various kinds of work and material actually 
done or furnished under this contract and the estimated quantities contained 
in this agreement. It is further agreed that it is the intent of this con- 
tract that all work must be done and all material must be furnished in ac- 
cordance witlj the best practice, and in the event of any discrepancies be- 



Rights and Responsibilities of Owner 243 

tween the plans and specifications, or otherwise, or in the event of any doubt 
as to the meaning of any portion of the contract, specifications or plans, the 
engineer shall define which is intended to apply to the work, and the con- 
tractor shall he bound by such decision. Any work or material not shown 
on the drawings or described in the specifications but which may be fairly 
implied as included in any item of the contract, shall be done and furnished 
by the contractor without additional charge therefor." 

E. Property, Material, etc., to he Furnished by First Party. — 
The party of the first part should, in general, furnish the real estate 
and rights-of-way required for the purpose of the work. The first 
party may desire to furnish other material or supplies which may be 
on hand or which it may be desirable to furnish through manufactur- 
ers or other contractors. The latter furnishings are usually described 
in the specifications. The real estate or rights of way are usually de- 
scribed in the general conditions. 

"The party of the first part will furnish all real estate and rights of way 
reasonably necessary for the work, including land needed for the construc- 
tion, for borrow pits, for waste dumps, for camp sites and for access to the 
work. 

"In case of serious delays in the acquisition of the necessary land for this 
purpose, an extension of time will be granted the contractor sufficient to 
compensate therefor. The contractor shall have no compensation for minor 
delays or interruption caused by the failure to secure such land but shall re- 
ceive compensation for the actual losses occasioned by serious delays." 

§ 150. Authority of the Engineer. 

The engineer is commonly designated as the arbiter to decide 
questions of quantity, quality, workmanship, and any other questions 
which may arise between the parties to a contract. Commonly, the 
specifications attempt to make the decisions of the engineer ''final and 
conclusive" on the contractor, and often on both parties.® The de- 
cisions of assistants must always be subject to appeal to the Chief En- 
gineer, and frequently the decisions of the Chief Engineer are made 
subject to adjustment by a board of arbitration. No agreement on 
the part of the contractor can make such decision "final and conclu- 
sive'' if such decisions are unlawful, for a man cannot legally sign 

8 Mutuality is the essence of a valid contract and this must exist not 
only in the contract as a whole but in regard to each obligation df the con- 
tract. That is, etvery obligation resting on one party must be in considera- 
tion of a promise or act of the other party. Neither party is bound unless 
both are bound. 

If. therefore, the engineer is made the arbitrator of the contract on the 
part of the contractor his authority is at least doubtful unless the contract 
also provides that the first party is also by the engineer's decision. 



244 General Conditions of the Contract 

away his own rights to his "day in court." In preparing such clauses 
or stipulations, the following conditions should be kept clearly in mind : 

The authority that the engineer can exercise in regard to any con- 
tract is confined to those functions conferred upon him by the contract 
stipulations which must be strictly complied with. 

Under the usual form of contract, the engineer is commonly en- 
dowed with two duties, — first, as an agent of the owner, and second, 
as an arbiter of the terms of the contract.^ 

The engineer's authority does not extend to anything not expressly 
provided for in the contract, and he cannot vary its terms in any way.^^ 
If so stipulated, the engineer may determine quantities and classifica- 
tions, but he cannot act arbitrarily in the premises and must use the 
methods and classifications prescribed in the contract.^^ If so stipu- 
lated, he may determine the quality and workmanship of the work 
done.^^ The right of the engineer or of a board of arbitration to de- 
termine any question in dispute, cannot be fixed to the exclusion of a 
review by courts of law or of equity, but such determination may be 
made a "condition precedent" to such review. ^^ 

In the supervision and direction of construction work the engineer 
must exercise certain judicial functions in interpreting the clauses of a 
contract, but all specifications should be so drawn as to limit this func- 
tion to the greatest possible extent. When the engineer is made the ar- 
biter of a contract, he should so far as possible, eliminate prejudice and 
bias and represent not only his client but the contractor as well, In 
order to see that the contract is carried out with justice to all con- 
cerned. It must, however, be practically recognized that the engineer 
is not an unbiased party. Employed by his client to secure satisfac- 
tory work which, as a rule, he has designed, and for which he has pre- 
pared the specifications, his tendencies are to interpret the specifications 
so as to bring about the results he desires, and any clauses which he 
has therefore rendered obscure are liable to be interpreted in the favor 
of his client rather than of the contractor. 

When a specification is definite, the honest engineer can give but 
one opinion. The function of the engineer therefore is not that of the 
legal judge but of the expert judge. (See Sec. 125.) 

9 Wait, Engineering and Architectural Jurisprudence, sees. 370 and 371. 

10 Ibid, sees. 372 to 380. 

11 Ibid, sees. 381 to 387. 

12 Ibid, sees. 388 to 390. 

13 Ibid, sees. 400 to 417. 



Authority of Engineer 245 

A. Supervision and Direction of Work. — The function of the en- 
gineer is to supervise and direct the work of construction and to see 
that the same corresponds with the requirements of plans, specifica- 
tions and contract. The right of direction reserved to the engineer 
in the contract should not be so extended as to relieve the contractor 
of the responsibility imposed thereunder, nor should it be such as to 
permit the engineer unnecessarily to hamper or delay the execution of 
the work. The common specification that, 'The work must be com- 
menced and carried on at such points and in such order or precedence 
as may be directed by the engineer/' is usually unnecessary and un- 
just. In most cases if desirable, it is quite possible to prescribe the 
point or points at which the work shall be begun and the order or 
precedence in which it is necessary that it shall be constructed. The 
right of the engineer to change this order should be limited to condi- 
tions where contingencies may arise that clearly make such a change 
necessary. 

"Supervision: It is mutually agreed between the parties to this contract 
that the engineer shall supervise and direct all work included herein. To 
prevent all disputes and to discourage litigation, it is further agreed by and 
between the parties to this contract that if it cannot be otherwise agreed, 
the chief engineer shall in all cases determine the amount of the quantities 
of the several kinds of work which are to be paid for under this contract, 
and he shall determine all questions in relation to said work and the con- 
struction thereof, and he shall in all cases arbitrate every question whicih 
may arise relative to the execution of this contract on the part of said coni 
tractor, and his estimate and findings shall be the condition precedent to 
the right of the party of the second part to any action on the contract and 
to any rights to receive any money under this contract." 

"Duration of work: Whenever it is necessary, in order to assure the safe 
and proper construction of the work, the engineer shall determine the timesi 
and seasons and the order of precedence under which the work shall bei 
done. Where the first party is having other work done, either by contract 
or by its own force, the engineer may direct the manner of constructing 
the work done under this contract, in order that conflicts may be avoided 
and the various works being done for the party of the first part may be 
harmonized." 

B. Assistants and Inspectors. — In large work a considerable num- 
ber of assistant engineers, superintendents and inspectors may be re- 
quired to see that the work is properly performed. In general, their 
activities should be limited to the special work to which they are as- 
signed. 

"The word 'engineer' shall mean the chief engineer of the party of the 
first part, or his duly authorized agent, assistant engineer, superintendents, 



246 General Conditions of the Contract 

and inspectors acting severally within the scope of the particular duties as^ 
signed to them." 

C. Inspection. — Care should be exercised by engineers in 
charge of large works requiring a number of superintendents and in- 
spectors fully to advise their subordinates as to the extent and limi- 
tation of the authority they are to exercise and to furnish instructions 
as a basis for their work. Instructions should be in writing in order 
to provide a permanent record and for frequent reference. The in- 
spector when unfamiliar with his work should request full instructions 
and should refer all doubtful points to his superior. He should avoid 
making hasty decisions and should not be too ready to accept sug- 
gestions of the contractor or of others not in authority. Care in ascer- 
taining his duties and in determining the methods and manner in which 
the work should be done at the inception of the work, will prevent 
errors and embarrassment, increase his knowledge and efficiency and 
result in his more rapid advancement. The assumption of a knowledge 
or experience he does not possess and a consequent failure to make 
necessary inquiries will result in unsatisfactory service and frequently 
in the loss of position. 

Inspectors. — In most large public works where numerous inspect- 
ors are necessary or desirable, men have often to be employed for such 
positions, who have little or no professional knowledge or practical 
experience on the work in question. This is apt to be true especially 
in public work where appointees to such positions are frequently placed 
by politicians without much regard for ability and sometimes with little 
regard for integrity. Such inspectors frequently are given or assume 
an authority which they should not possess and sometimes utilize their 
position to harrow and annoy the contractor, either through their igno- 
rance or occasionally for purposes of petty graft. To cover such con- 
ditions, it has been suggested by Mr. Ernest McCullough^* that a clause 
be introduced in the general conditions somewhat as follows : 

"It is mutually agreed that the inspectors on this work shall not be re- 
garded as deputy engineers, but their duties shall be to report to the en- 
gineers in charge any deviation from the specifications, and when necessary 
to order the work stopped until the engineer in charge can give his opinion 
concerning any disputed question." 

"All decisions regarding the character of work to be done or material to 
be furnished or the interpretation of the specifications, shall be referred to 
the engineer in charge, and the inspectors shall make no changes or devia- 
tions from the specifications or allowances of any kind, without written au- 



1* See Eng. News Supplement, vol. 51, p. 233. 



Authority of the Engineer 247 

thority to that effect from the engineer in charge. It Is furthermore agreed 
by the parties to this contract that in case the engineer in charge is obliged 
to be absent from the work for a considerable time and it becomes necessary 
to delegate his authority during his absence to any one of said inspectors, 
said inspector shall be appointed in writing and such authority shall cease 
without notice on the return of the engineer." 

D. Lines and Grades. 

"All lines and grades shall be furnished by the engineer but the con- 
tractor shall provide stakes and such ordinary labor as may reasonably be 
required by the engineer to assist him in such work. Whenever necessary, 
work shall be suspended to permit of this work, but such suspension will be 
as brief as practicable and the contractor shall be allowed no extra compen- 
sation therefor. The contractor shall give the engineer ample notice of the 
time and place where lines and grades will be needed. All stakes, marks, 
etc., shall be carefully preserved by the contractor and in case of their de- 
struction or removal by him or his employees, such stakes, marks, etc., shall 
be replaced by the engineer at the contractor's expense." 

E. Quantities and Measurements. — The subject of measurements 
is prolific of trouble in specifications unless the methods used are fully 
understood. It is always desirable to assure such understanding by a 
specification which shall expressly state the method to be used. This 
is commonly done by the general statement: 

"No extra or customary measurements of any kind will be allowed in 
measuring work under this contract, but the actual length, the solid con- 
tents, the number and weight only shall be considered, unless otherwise 
specifically provided." 

Frequently in various artisans' work, various customary methods 
of measurements are applied by the trade or by general usage, which in 
general, are an attempt to equalize the difficult portions of the work 
and reduce them to the basis of plain work by making extra allowances 
where such work becomes unusually expensive. Such methods are 
justifiable in themselves, if fully understood by both parties to the con- 
tract and indeed simplify, to a considerable extent, the estimate of the 
parties who are used to making their figures on the basis of such meas- 
urement. As they are usually readily understood and can be easily 
applied by the engineer, and more easily applied by the contractor who 
has been accustomed to them, it would seem desirable that they should 
be used wherever such use seems feasible. In any event, the matter 
should be made plain and if such rules are to be used, it should be spe- 
cifically so stated. 

If on the other hand such rules are to be ignored, then a clause 
similar to that previously mentioned should be inserted, so that no 



248 General Conditions of the Contract 

misunderstanding can possibly exist. Even where the method of 
measurement may seem almost beyond question, differences of under- 
standing may arise. For example, the measurement of the surface 
area of a pavement would seem a very simple affair on which the en- 
gineer and contractor could hardly disagree. Where manholes, catch 
basins and street railway tracks are located on the street, the expense 
of fitting around these structures is usually greater than would be the 
extra cost of pavement which would be constructed were these struc- 
tures removed ; therefore no allowance is usually made in the amount 
of paving estimated for the surface occupied by these structures, but 
if the surface area of the same is deducted, a considerable extra ex- 
pense should be added to the contract price named for the remainder 
of the pavement. 

The same difficulty exists to a greater or less extent in the meas- 
urements of a great many other structures, such as stone masonry, 
brick walls, etc. The clauses modifying measurement should there- 
fore be made explicit, so that they can be literally interpreted. 

F. To Define Terms and Explain Plans. — Even when much care 
has been taken in the preparation of plans and in the writing of speci- 
fications it is commonly found that differences of opinion will arise in 
regard to their meaning and intent. It is essential, therefore, that the 
engineer shall be authorized to define the meaning of words and terms, 
and indicate the limits necessary for their fulfillment under the con- 
tract. He should also be authorized to explain the meaning and in- 
tent of the plans and harmonize any apparent discrepancies between 
the plans and specifications. 

''Definition of Terms: Whenever, in the specifications or drawing's ac- 
companying this agreement, the terms or descriptions of various qualities 
relative to 'finish,' 'workmanship,' or other qualities of similar kind which 
cannot from their nature be specifically and clearly described and specified, 
but are necessarily described in general terms to be 'satisfactory,' 'ftr&t 
class,' 'workmanlike,' or described by other terms, the fulfillment of which 
must depend on individual judgment, then, in all such cases, any question 
of the fulfillment of said specification shall be decided by the chief engineer, 
and said work shall be done in accordance with his interpretation of the 
same and to his full satisfaction and approval, and he shall in all Gases be 
the judge of the fulfillment thereof." 

"Explanation of Plans: Whenever any misunderstanding shall arise con- 
cerning the meaning and intent of any of the drawings furnished or to be 
furnished to the contractor under this agreement, or whenever any appar- 
ent discrepancies shall arise between said plans and the contract and speci- 
fications, the chief engineer shall explain the same, and said explanation 
shall be final and binding on both parties to this contract. Said engineer 



Authority of the Engineer 249 

may amend or correct any errors or omissions in the drawings or specifica- 
tions when such amendment or correction is necessary to bring out the 
meaning and intent which is clearly indicated by a reasonable interpretation 
of the same." 

G. Emergencies. — On important work, where possible hazards to 
life and property may arise, or where the welfare of the work may de- 
pend upon the precautions taken by an individual contractor, such pre- 
cautions may be neglected, and it is customary and desirable under 
such conditions to provide that the engineer may do whatever is neces- 
sary to prevent such possible contingencies. The necessity of exer- 
cising such a right seldom occurs, but the right to provide such pre- 
cautions is very essential. 

^'Emergencies: Whenever, in the opinion of the engineer, the contractor 
has not taken sufficient precaution for the safety of the public or the pro- 
tection of the works to be constructed under this contract, or of adjacent 
structures or property which may be injured by processes of construction 
on account of such neglect, and whenever, in the opinion of said engineer, 
an emergency shall arise and immediate action shall be considered neces- 
sary in order to protect public or private, personal or property interests, 
then, and in that event, the said engineer, with or without notice to said con- 
tractor, may provide suitable protection to said interests by causing such 
work to be done and material to be furnished and placed as shall furnish 
such protection as said engineer may consider necessary and adequate. 

"The cost and expense of such work and material so furnished, shall 
be borne by said contractor, and if the same shall not be paid on presentation 
of the bills therefor, then said costs shall be deducted from any amounts 
due or which may become due said contractor. 

"The performance of such emergency work under the direction of the 
engineer shall in no way relieve the contractor from any damages which 
may occur during or after said precaution has been duly taken by said en- 
gineer." 

H. Preliminary Approval. — Where various assistants and inspect- 
ors are employed in connection with the execution of work, it is desir- 
able to limit specifically their power of acceptance of work done to the 
stipulations of the contract. 

"No engineer, superintendent or inspector shall have any power to 
waive the obligations of this contract for the furnishing by the contractor 
of good material and of his performing good work as herein described in 
full accordance with the plans and specifications. No failure or omission 
of any engineer, superintendent or inspector to condemn any defective 
work or material shall release the contractor from the obligation to at once 
tear out, remove, and properly replace the same at any time upon the dis- 
covery of said defective work or material." 

/. Right of Engineer to Modify Methods and Equipment. — The 

right to modify the contractor's method of work and equipment is a 

serious reservation which should be included only when the nature of 



250 General Conditions of the Contract 

the work makes it necessary for safety that the work shall be done 
within a given time or by such means that such safety shall be secured. 
Such arbitrary requirements can be advantageously made a part of the 
general conditions only when the standing and experience of the en- 
gineer are sufficient to make him a reasonable judge of the necessities 
of the case. 

"Right to Modify Methods and Equipment: If at any time the methods 
or equipment used by the contractor are found to be unsafe or inadequate 
for securing the safety of the workmen or other persons who may be en- 
dangered thereby, or to secure the quality of work or the rate of progress 
required under this contract, the engineer may order the contractor to in- 
crease their safety or to improve their character and efficiency, and the 
contractor shall comply with such orders. 

"If at any time the working force of the contractor is inadequate for 
securing the progress herein specified, the contractor shall, if so ordered, 
increase his force or equipment, or both, to such an extent as to give rea- 
sonable assurance of compliance with the schedule of progress. 

"The failure of the engineer to make such demands shall not relieve the 
contractor of his obligations to secure the safety of his men, the quality of 
the work, and the rate of progress required by this contract." 

/. Right to Retain Imperfect Work. — The contract usually pro- 
vides that all work which is not in accordance with the plans and 
specifications shall be taken down and rebuilt in accordance therewith. 
Under some conditions the removal of work constructed may so greatly 
impede the progress of the entire work or involve such other losses 
and damages that it may be desirable or essential to retain the work, 
even with the imperfection rather than to suffer the consequent loss of 
its removal and replacement. Whenever such cases may arise it is 
desirable to include in the general conditions a stipulation that if the 
imperfections are not of sufficient magnitude to warrant the removal 
and reconstruction of the work or if such conditions arise as to make 
such removal and construction impracticable or dangerous the engineer 
shall have the right to allow the same to remain, but shall be empow- 
ered to make such reasonable deduction from the contract price of the 
same as the defect of workmanship, material or construction may fairly 
warrant. 

"If any part or portion of the work done or material furnished under 
this contract shall prove defective and not in accordance with the plans and 
specifications, and if the imperfection in the same shall not be of sufficient 
magnitude or importance as to make the work dangerous or undesirable, 
or if the removal of such work will create conditions which are dangerous 
or undesirable, the engineer shall harve the right and authority to retain 
such work, but shall make such deductions in the final payment therefor as 
may be just and reasonable." 



Authority of the Engineer 251 

K. Arbitration. — One of the serious uncertainties in estimating the 
cost of work by contractors arises when the decisions of the various 
questions which may arise under a contract are left to the engineer. 
Where the contractor has done previous work under a certain engi- 
neer, his character and the decisions which he will give under the 
various conditions of contract work may be known, but when a bid 
is made under an engineer who is unknown or under an engineer 
who is young and inexperienced, the uncertainties become quite serious 
and a considerable addition must be made to the prices bid to cover 
the possibilities of unjust requirements. (See Sec. 126.) 

In most work it is essential that the work should proceed, and it 
is desirable as a general rule that the decision of the engineer shall be 
accepted and complied with so far as the immediate action of the con- 
tractor is concerned. It is desirable however, both on account of its 
effect upon the prices bid and on account of fairness that, in all mat- 
ters of moment where serious differences may arise between the con- 
tractor and engineer, some provision be made by which an appeal 
can be taken to a board of arbitration. Where arbitration is provided, 
the clause in regard to the engineer's decision may be included essen- 
tially as follows : 

"Engineer's Decisions: The engineer shall, within a reasonable time, 
decide all questions or claims of either party to this contract and all mat- 
ters relating to the execution and progress of the work or the interpreta- 
tion of the plans, specifications and contract. 

"Unless otherwise provided, all the engineer's decisions shall be sub- 
ject to arbitration." 

The following specification on this subject is written in general 
accordance with the specification for arbitration recommended by the 
American Institute of Architects : 

"Arbitration. — Unless otherwise specifically provided, all questions in 
dispute under this contract shall be submitted to arbitration at the choice 
of either party to this contract. The general procedure shall conform to 
the laws of the state in which the work lies; and wherever permitted by 
law, the decision of the arbiters may be filed in court to carry it into effect. 

"If the engineer fails to make a decision within a reasonable time, an 
appeal to arbitration may be taken, as if his decision had been rendered 
against the party appealing. In such cases and in a case of an appeal from 
the engineer's decision, the demand for arbitration shall be filed with him 
in writing within ten days thereafter; and in no case later than the time of 
final payment. 

"The parties may agree upon one arbiter, otherwise there shall be 
three: one named in writing by each party, and the third chosen by the 
two arbiters so selected; or if the arbiters fail to elect a third within ten 



252 General Conditions of the Contract 

days, lie shall be chosen by the presiding ofl&cial of the nearest Bar Asso- 
ciation. Should the party demanding arbitration fail to name an arbiter 
within ten days of the demand, his right to arbitrate shall lapse, and the 
decision of the engineer shall be final and binding on him. Should the 
other party fail to choose an arbiter within ten days, the engineer shall 
appoint such arbiter. Should either party refuse or neglect to supply the 
arbiters with any papers or information demanded in writing, the arbiters 
are empowered by both parties to take ex parte proceedings. 

"The arbiters shall act with promptness. The decision of any two 
shall be binding on both parties to the contract. The decision of the ar- 
biters upon any question subject to arbitration under this contract shall be 
a condition precedent to any right of legal action. 

"The arbiters, if they deem the case demands it, are authorized to 
award the party whose contention is sustained, such sums as they deem 
proper for the time, expense and trouble incident to the appeal; and if the 
appeal was taken without reasonable cause, damages for any delay occa- 
sioned. The arbiters shall fix their own compensation, unless otherwise 
provided by agreement, and shall assess the cost and charges of the arbitra- 
tion upon either or both parties. The award of the arbiters must be in writ- 
ing, and -if in writing shall not be open to objection on account of the form 
of the proceeding or the award." 

§ 151. Prices and Payments.^ — The stipulation in regard to the 
financial conditions under which the work is to be done usually relates 
to the conditions under which estimates have to be given and payments 
made, together with such other special stipulations concerning guar- 
antees, bonds and signing of contract as it may be desirable to include. 

A. Estimates and Payments. 

"In order to enable the contractor to prosecute the work to advantage, 
an estimate in writing will be made by the engineer once a month of the 
amount of work done and material furnished (and material delivered on the 
ground and to be used in the completed work), and of the value thereof ac- 
cording to the terms of the contract. The first estimate shall be of the 
amount or quantity in value of the work done since the party of the second 
part commenced the performance of this contract, and every subsequent esti- 
mate, except the final one, shall be of the amount or quantity and value of 
work done since the last preceding estimate was made. No such estimate of 
amount or quantity shall be required to be made by strict measurement or 
with exactness but may be approximate only. 

"Upon the approval of said estimate by the chief engineer, the party of 
the first part will pay to the party of the second part eighty per cent, of such 
estimated value, 'and whenever said contract shall be duly completed, in ac- 
cordance with the terms herein contained, and in accordance with the spec- 
ifications, and when said work and material shall be accepted by the chief 
engineer, for said party of the first part, a careful and detailed estimate 
shall be made of the value of all work and material furnished under said 
contract, and the amount due on said work shall be paid to said party of the 
second part, provided however it is not considered necessary by said first 



Prices and Payments 253 

party to retain a certain proportion of same as elsewhere provided for pro- 
tection against claims for labor and material, for damages, for royalties or 
otherwise, and excepting also any amount retained as a guarantee for the 
maintenance of the work or material furnished under this contract, or for 
. forfeiture." 

B. Delayed Payments. 

"In case any payment to the contractor on any estimate is delayed by 
the party of the first part beyond the time provided herein, said first party 
shall pay the contractor interest on the amount due at the rate of six per 
cent, per annum for the period of such delay. The term for which said 
interest shall be paid shall, in the case of progress estimates, date from the 
10th day after the date of said estimate, to the date of payment of the esti- 
mate, and in the case of the final estimate from thirty days' after the filing 
of the certificate of completion and acceptance to the date of final payment 
of the final estimate. 

"If interest shall become due on any progress estimate, the amount 
thereof shall be added to the succeeding estimate; and if interest shall be- 
come due on the final estimate, it shall be added to such final estimate and 
paid therewith or by a special voucher within fourteen days thereafter. The 
contractor shall not be entitled to interest on any sum or sums which by the 
terms of this contract the party of the first part may be authorized to retain. 
It is hereby agreed that such interest payments, if any, are to be in lieu of 
any claims of the contractor for alleged damages, for breach of contract, or 
otherwise, on account of delayed payments." 

C. Extra Work. 

"All extra work done under this contract shall be paid for at actual cost 
plus fifteen per cent." (Improper specification.) 

The above Is quite a common form of specification for extra work, 
but is objectionable on account of its failure to define what is meant 
by "actual cost." The actual cost of a piece of work will of necessity 
include the cost of all material, labor and supplies furnished for the 
work in question. It includes also the cost of the time that any fore- 
man may give to this special work. The work in general must be re- 
garded as including not only the above items, but also the cost of gen- 
eral superintendence, office expenses in immediate connection with the 
work, timekeepers and other salaries and the cost, or at least the de- 
preciation, on the tools and machinery used in connection with the 
same, also other general expenses. If the contractor is doing several 
pieces of work, each job must bear its portion of general expense of 
his main office, with traveling expenses to and from the work and even 
of other lettings. Unless these are included, plus a profit, the con- 
tractor would not be able to remain in business, for all the expenses 
named must be paid from the amount received for the work in question. 



254 General Conditions of the Contract 

It is sometimes argued that extra work and its percentage of profit 
should be based not only on the items mentioned under actual cost, 
but also on the cost of general supervision or overhead charge and gen- 
eral expense or charge outside of the job. 

When a contract job is taken, the items of general expense, over- 
head, etc., are necessarily calculated and apportioned among the vari- 
ous jobs of the contractor, and unless the total quantity of work to be 
done on some or all of these contracts has been materially reduced, an 
amount has been previously included sufficient to take care of these 
items. Hence, justice does not require that such items should be in- 
cluded in part of the cost of extra work unless the item of extra work 
is considerable and adds to such general expense. It may also be 
noted in this connection that, if overhead charges of a contractor's 
general office were to be considered as a part of the actual cost of 
the work under each individual contract, this might become bur- 
densome in the event of the contractor's having, during a given 
time, only a single job to which all of such expenses would have 
to be charged. It therefore seems just to eliminate the general ex- 
pense and overhead charge both of the contractor's general work and 
of the particular job in question, but to include all items which go to 
make up the actual cost of this work, whether ordinary or extraor- 
dinary, when incurred directly on account thereof. In general, this 
should include labor, material, supplies, immediate supervision, con- 
tractor's liability insurance, use and depreciation of small tools such 
as picks and shovels, and any other expenses directly incurred by 
or in consequence of the special work performed. Unless all of these 
are included, the ten or fifteen per cent, allowed to cover profit and 
general expense will be too small for the purpose, as insurance on cer- 
tain classes of hazardous work may amount to several per cent, on the 
pay roll ; and the cost of foreman, especially on difficult work, may 
sometimes be almost or quite as great as so-called profit allowed. 

General expense also may frequently vary from as low as five per 
cent, to as high as ten per cent, of the contract price. It will be noted 
therefore that in order to be fair, all actual expenses directly connected 
with the work should be included, and a liberal percentage above this 
allowed for general expenses and profit. 

In order that all extra w^ork may be properly checked, it is desir- 
able that the engineer should keep an account of the work performed 
and the material furnished for the same each day. If the work is 
simple a brief note or memorandum only will be necessary, but if at all 



Prices and Payments 255 

complicated it is desirable that the contractor be required to furnish a 

daily memorandum and a monthly bill of his charges on such amount. 

"Extra Work: If during the performance of this contract the engineer 
shall order in writing other work done or materials furnished which in his 
opinion cannot be classified under the unit prices of this contract, the con- 
tractor shall do and perform such work and furnish such material and shall 
be paid therefor the actual cost thereof plus fifteen per cent, in addition 
thereto. The actual cost is hereby defined to include the cost of all labor 
and materials necessary for the performance of the extra work, including any 
extra expenses increased directly on account thereof, also the wages of 
foremen and the expenses attached to contractor's liability insurance cov- 
ering the labor so employed, 

"No allowance shall be made for overhead charges, general superin- 
tendence, general expenses, contingencies, or use and depreciation of the 
construction plant; neither shall said charges include the maintenance of 
the contractor's camp or office, unless such camp or office be maintained 
primarily on account of such extra work. The contractor shall submit to the 
engineer a monthly bill of all charges on account of such extra work, and if 
the engineer so desires shall also furnish a daily memorandum of all such 
charges. '' 

When the extra work is of considerable magnitude the cost should 

include — 

"also the pro rata wages of the Superintendent, General Foreman, Time Keep- 
ers and Material or Commissary Clerks." 

If an expensive construction plant is to be used on such work pro- 
visions should be made to pay a certain sum for its use and deprecia- 
tion, fixed either by an advanced agreement, a supplementary con- 
tract, or by arbitration. While 15 per cent, added for general expense 
and profit may be a fair compensation for extra work with small tools 
and when the plant investment is small it would be totally inadequate 
when machinery valued, perhaps, at from $10,000 to $25,000 is to be 
used. The use of such machinery should be covered by an allowance 
commensurate with the daily rental charge which would be made for 
such machinery on regular work. Where such use is to be anticipated 
a rental price may be fixed for such machinery in the itemized pro- 
posal. 

D. Price for Work. — The prices bid by the contractor for the con- 
struction of work can be made a part of the contract by reference to 
the proposal which should be attached to the agreement or by re-writ- 
ing the prices named in the bid directly in the agreement. 

"In consideration of the furnishing of the material and the completion 
of all work by the said party of the second part, and on the completion of 
all work and of the delivery of all material embraced in this contract in 



256 General Conditions of the Contract 

full conformity with the specifications and stipulations herein contained, 
the party of the first part agrees to pay the said party of the second paxt 
the prices set forth in the proposal hereto attached, marked 'Exhibit C,' 
which is hereby made a part of this contract. And the said party of the 
second part hereby agrees to receive such prices in full for furnishing all 
material and all labor required for the aforesaid work, also for all expense 
incurred by him, and for well and truly performing the same and the whole 
thereof in the manner and according to the specifications and requirements 
of the engineer. 

"On the condition of the true and faithful performance of all the pro- 
visions in this agreement and in the specifications, the party of the first 
part agrees to pay to the said party of the second part the following suxos, 

to wit: , in full payment for all work, material and supplies 

indicated in this contract embracing the complete and satisfactory con- 
struction of said work as defined and described in said specifications in all 
parts and requirements.' 

E. Bond, Sureties and Special Guarantees. 

(a) ''Bond: It is further agreed by the parties to this contract that this 
contract shall be executed in triplicate, one copy being retained by the party 
of the first part, one to be delivered to the contractor, and one to the chief 
engineer. The party of the second part agrees to execute a bond for the 

sum of dollars for the satisfactory performance of the work in the 

form provided for that purpose, and it is agreed that this contract shall be 
void until such bond is furnished and approved by 

(b) ''Sureties: With the execution and delivery of this contract the con- 
tractor shall give security for the faithful performance of the contract by 
filing with the board one or more surety bonds in the form annexed hereto, 
the aggregate amount of which shall be not less than forty per cent, of the 
estimated total contract price. Each bond must be signed by the con- 
tractor and the sureties. The sureties, and the amount in which each will, 
qualify, must be satisfactory to the board. 

"Should any surety upon the contract be deemed unsatisfactory at any 
time by the board, notice wall be given the contractor to that effect, and the 
contractor shall forthwith substitute a new surety or sureties satisfactory 
to the board. And no further payment shall be deemed due or shall be 
made under this contract until the new surety or sureties shall qualify and 
be accepted by the board. 

"At the expiration of each year after the date of contract the liability 
of the sureties under the bonds may be reduced to that extent to which, 
in the opinion of the board, the need for surety is reduced, until such lia- 
bility shall amount to twentj-five per cent of the original liability, at which 
amount the bonds shall remain in full force and virtue until the completion 
of the entire work." 

F. Guarantees, Bonds, or Per Cent. Retained. — Guarantees made 
for maintaining the work or operating the plant for a definite period 
are generally protected either by a bond or by the retention of a per- 
centage of the contract price. 



Form of Bond 257 

"The said contractor further agrees that the said city shall be and is 
hereby authorized to retain out of the money payable to the contractoor 
under this agreement, the sum of five per cent, of the amount of this con- 
tract and to expend the same in 'the manner hereinafter provided for in 
making such repairs on the line of said work as the engineer may deem, 
necessary. The said contractor further agrees that if, at any time during 
a period of six months from the date of the final completion of the work 
contemplated in this contract, any part of said work shall, in the opinion 
of the said engineer require repairing, and said engineer shall notify the 
contractor in person or by mail to make the repairs so required, and that 
if the said contractor shall neglect to make such repairs, to the satisfaction 
of the said engineer, within three days after giving or mailing such notice 
to the said contractor, his agent or attorney, then the said engineer shall 
have the right to employ such other person or persons as may be deemed 
proper to make the change; and the said party of the first part shall pay the 
expense thereof, out of the sum retained for the purpose, by it, as before 
mentioned. And the said city further agrees upon the expiration of the 
said period of six months, provided that the said work shall at that time 
be in good order, that the said contractor shall be entitled to receive the 
whole or such part of the sum las't aforesaid as may remain after the ex- 
pense of making said repairs in the manner aforesaid shall have been paid 
Lherefrom." 

§ 152. Form of Bond. — The following form of bond has been 
adopted by the Board of Directors of the Miami Conservancy District 
in connection with the extensive flood protection work which is soon 
to be undertaken along: the Miami River.* 



't> 



BOND 

Knozv all men by these presents, that we , , , 

of , County of and State of , as Principal, here- 
inafter called the Contractor, and , , organized under 

the laws of the State of and duly authorized to transact busi- 
ness within the State of Ohio, as Surety, hereinafter called the Surety, 
are held and firmly bound unto THE MIAMI CONSERVANC^/ 
DISTRICT, a corporation organized under the laws of the State of 
Ohio, with its principal place of business located at Dayton, Cotinty of 
Montgomery, and State of Ohio, as Obligee, hereinafter called the Dis- 
trict, in the sum of dollars ($. . ) lawful money of the United 

States, for the payment whereof to the District the Contractor binds 
, heirs, executors, administrators, sticcessors, and as- 
signs, and the Surety binds itself, its successors, and assig^ns, firmly by 
these presents. 



See Report of A. E. Morgan, Chief Engineer, Vol III d 17. 



258 General Conditions of the Contract 

Whereas, the Contractor and the District have entered into a writ- 
ten contract, dated the day of 191 . -, hereinafter called 

the Contract, a copy of which is attached hereto and made a part 
hereof, for 

The condition of this obligation is such that if the said Contractor 
shall pay all persons, firms or corporations who perform labor or fur- 
nish equipment, supplies and materials for use in the work thereunder, 
and shall satisfy all claims against the district, for damages to life, limb 
or property that may be caused by the acts of, or negligence of, the 
Contractor or any of his agents or employees, and shall satisfy all suits 
or claims brought against the District arising from the violation of any 
law, ordinance, regulation, order or decree on the part of the Con- 
tractor or any of his agents or employees ; or from any infringement, 
or alleged infringement of patents in the work under said Contract ; or 
howsoever originating from any of the operations under said Contract ; 
and shall fully indemnify and save harmless the District from all cost 
and damage which it may suffer by reason of failure so to do, and shall 
fully reimburse and repay the district all outlay and expense which the 
District may incur in making good any such default, and in all other 
particulars shall faithfully perform the contract on his part according 
to all the terms, covenants, and conditions thereof and within the time 
specified therein, then this obligation shall be void ; otherwise to remain 
in full force and effect. 

Provided, 

First — That should the Contractor fail to comply with the provis- 
ions of the Contract to such an extent that the Contract shall be for- 
feited, the Surety shall have the right to assume the Contract and 
proceed to perform or sublet the same, as therein provided. And the 
Surety shall, in that event, be subrogated to all the rights and interests 
of the Contractor arising out of the Contract, and be entitled to hold 
and use all of the equipment and properties of the Contractor which 
may be necessary for the completion of the Contract; and all moneys 
which may be due the Contractor at the time of his default or which 
may thereafter become due said Contractor, under or by virtue of the 
Contract, shall become due and payable to the Surety as the work prog- 
resses, subject to all of the terms of the Contract. 

Second — That any alterations which may be made in the terms 
of the Contract, or in the work or materials to be furnished thereunder ; 
or the granting by the District of any extension of time ; or any for- 
bearance or action on the part of either the District or the Contractor 



Form of Bond 259 

toward the other under said Contract ; shall not in any way release the 
Contractor and the Surety, or either of them, their heirs, executors, 
administrators, successors, or assigns, from their liability hereunder; 
notice to the Surety of any such alteration, extension, forbearance, or 
action, being hereby waived ; provided that the written consent of the 
Surety shall first be obtained if any alteration be required which shall 
alter the general character of the work as a whole, or which shall in- 
crease the total amount to be paid to the Contractor by more than 25 
per cent. 

Third — No right of action shall accrue hereunder to or for the use 
or benefit of any one other than the District, and the District's rights 
hereunder may not be assigned without the written consent of the 
Surety. 

Signed and sealed, this day of , 19. . . 

Witnesses : 

[Seal.] 

[Seal.] 

[Seal.] 

Principal. 
[Seal] 



President. 
SURETY. 
Attest : 



Secretary. 



§ 153. Responsibility of Contractor as Affecting Party of the 
First Part. — Contracts for work or for furnishing material, etc., are 
usuilly entered into on account of the familiarity and equipment of the 
contractor which will enable him to do the work of this class to ad- 
vantage, and in order that the party of the first part may have the 
work done without personal responsibility either as to the operations 
of construction or the ultimate results of the work. In order that the 
contractor may be required to assume these responsibilities, various 
stipulations are necessary, and such responsibilities must be stipulated 
in detail, and great care must be exercised on the part of the engineer 
to see that all such matters be fully covered. 

A. Persons Interested in Contract. 



260 General Conditions of the Contract 

"No person or persons other than whose name 

affixed hereto as part., of the second part now ha., any interest hereunder 
as contractor... This contract shall be void if any member of the board 

or other officer of the city of or any person in the employ of said 

board or said city is or shall become directly or indirectly interested as con- 
tracting party, partner, stockholder, surety or otherwise in the perform- 
ance of this contract or in the supplies, work or business to which it re- 
lates or in any portion of profits thereof. Provided that incidental interest 
such as the ownership of stock or bonds in a railroad, telephone or other 
public utility, which may as an incident to its usual business furnish serv- 
ices or supplies to the contractor, shall not be included in the meaning of 
this provision." 

B. Personal Attention of Contractor. 

"The contractor shall give personal attention to the faithful prosecution 
and completion of this work and shall be present either in person or by 
duly authorized representative on the site of the work continually during 
its progress. He shall maintain an office on or adjacent to the site of the 
work." 

C. Contractor's Address. 

"Both the address given in the proposal upon which this contract is 
based and the contractor's office at or near the site of the work are hereby 
designated as places to either of which notices, letters or other communica- 
tions to the contractor may be mailed or delivered. The delivering at either 
of the above named places of any such notice, letter, or other communica- 
tion from the party of the first part to the contractor shall be deemed suffi- 
cient services thereof upon the contract, and date of said services shall 
be the date of such delivery." 

D. Contractor's Agent. — To avoid the assumption of personal re- 
sponsibility by the party of the first part, the right to direct individual 
workmen should not be reserved. Such instructions as may be neces- 
sary must be given only to the contractor or to his duly authorized 
agent, and to assure the constant attendance of some duly authorized 
agent of the contractor, during the progress of the work, requires a 
specific clause in the agreement. 

"The contractor, during his absence from the work, shall keep a com- 
petent superintendent or foreman upon the work, fully authorized to act for 
him in his absence, and to receive such orders as may be given for the 
proper continuance of the work. Notice of any imperfections in the work 
or material furnished to any foreman or agent in charge of any portion of 
the same, in the absence of the contractor, shall be considered as notice 
to the contractor." 

E. Observance of Laws and Ordinances. — When an agreement is 
made, especially by a municipal corporation, for work to be done in 
city streets, or when the public may become interested or affected, a 



Responsibility of Contractor 261 

stipulation should be included binding the contractor to observe the 
laws and ordinances so that he may claim no exemption on account of 
the provision of the agreement. 

"The party of the second part shall be subject to .all laws and ordi- 
nances of the city of , within which city this agreement is 

to be fulfilled, and said contractor shall be entitled to no exemption there- 
from on account of this contract." 

F. Protection Against Negligence and Damages. — In every agree- 
ment stipulation should be included providing for the protection of 
public property, and the liability of the contractor should be fixed for 
any negligence of himself or of his employees and for resulting dam- 
age occasioned thereby. 

"Should any work be done or material furnished or placed on the pub- 
lic streets or ways or in any other place where protection is necessary, the 
contractor shall, at all times, and especially during the night, put up and 
maintain such barriers and red lights and take such other needful precau- 
tions as may be necessary to effectually prevent the happening of any acci- 
dents in consequence of the work being done or material being deposited in 
such places, and the contractor shall be liable for all damages occasioned 
in this way or by reason of his act or neglect or of that of any authorized 
sub-contractor or any agent, employee or workmen; and the said contractor 
shall save and keep harmless the said first party from all suits or demands 
for damages alleged to have occurred to persons or property by reason of 
said work or of so placing said material or from said act or negligence. 

"And the said party of the second part further agrees during the per- 
formance of the work to take all necessary precaution and to place proper 
guards for the prevention of accidents and put up at night suitable and 
sufficient light and will indemnify and save harmless the said parties of the 
first part from all damages and costs to which they may be put by reason of 
injury to the person or property of another, resulting from negligence or 
carelessness in the performance of the work or in guarding the same, or 
from any improper material used in its construction, or by or on account of act 
or omission of the said party of the second part or the agent thereof; and the 
said party of the second part hereby further agrees that the whole or so much 
of the money due under or by virtue of this agreement as shall or may be 
considered necessary by the aqueduct commissioners shall, or may be, re- 
tained by the parties of the first part until all suits or claims for damages, 
as aforesaid, have been settled and satisfactory evidence to that effect fur- 
nished the said commissioners. 

"The said contractor shall take proper means to protect the adjacent 
or adjoining property or properties in any way encountered or which might 
be injured by any process of construction, to be undertaken under this 
agreement, and he shall be liable for any or all claims for damages on ac- 
count of his failure to fully protect all property injured during or c.'\ a'^- 
count of such construction." 



262 General Conditions of the Contract 

G. Protection Against Claims for Labor and Material. — The agree- 
ment should contain stipulations protecting the party of the first part 
from ail claims for labor and material furnished for the completion 
of the contract, and it should also contain any special restriction neces- 
sary for the method of paying labor on the work. 

"The said party of the second part agrees that he will indemnify and 
save harmless the party of the first part from all claims against said first 
party for material furnished or work done under this contract, and it is 
further agreed by the party of the second part that said second party shall 
if so desired furnish the said first party satisfactory evidence that all per- 
sons who have done work or furnished material under this agreement have 
been duly paid for such work or material, and in case such evidence is de- 
manded and not furnished to the aforesaid first party, such amount as may, 
in the opinion of the said first party, be necessary to meet the claims of the 
persons aforesaid, may be retained from the money due said party of the 
second part under this agreement, until satisfactory evidence be furnished 
that all liabilities have been fully discharged." 

H. Protection Against Royalties on Patented Inventions. — The 
party letting the work should commonly be protected from suit for 
damages occasioned by the use of patented articles on or in connection 
with the work or the installation included in the contract. A stipula- 
tion should therefore be included in the specifications by which the 
contractor agrees to protect the party of the first part from any and 
all royalties on any patented invention installed or used by him in con- 
nection with the work, or if the said party of the first part is to pay 
for such royalties it should be so provided and specified. Such stipu- 
lations should especially be provided in the agreement covering in- 
stallation of machinery or in the installation of various works for man- 
ufacturing or similar installation. The contractor should not, how- 
ever, be held for the use of patented articles or methods which are 
specified in the contract, but arrangements for the use of such patents 
should be made by the engineer or other agent of the party of the first 

part. 

"The contractor shall protect and save harmless the party of the first 
part from all and every demand for damages, royalties or fees on any 
patented invention used by him or used in connection with the work done 
or material furnished under this contract, and it shall be the duty of such 
contractor if so demanded by the party of the first part to furnish said 
first party with a proper legal release or indemnity from and against all 
such claims, and any or all payments may be withheld from said contractor 
until said release is furnished if the party of the first part so elects. The 
above shall not, however, include any patented invention or process ordered 
by the engineer or specified in the contract." 

/. Assignment and Subletting. — In cases where the agreement is 
drawn for the personal skill or professional knowledge of the con- 



Responsibility of Contractor 263 

tractor, no assignment or subletting of the work would naturally be 
permitted. In other cases, it is usually desirable that the assignment 
or subletting of the work, or any part thereof, shall be done only with 
the knowledge and consent of the parties of the first part or their duly 
authorized agents. It is therefore customary to include in the agree- 
ment some clause, stipulating such restrictions in regard to this matter 
as the conditions may make desirable. 

"The said contractor further agrees that he will give his personal at- 
tention to the fulfillment of this agreement and that he will not sublet the 
aforesaid work or the furnishing of the aforesaid material, but will keep 
the same under his personal control, and that he will not assign by power 
of attorney or otherwise any portion of said contract unless by and with the 
previous consent of the first party as signified by endorsement of this agree- 
ment by the officials whose signatures are attached hereto." 

/. Abandonment and Forfeiture. — In order to provide for due 
progress on the work under the conditions of abandonment of the same 
by the contractor, it is customary to introduce a stipulation whereby 
the parties of the first part may, after due notification to the con- 
tractor's sureties, carry the work to completion. 

"In case the contractor shall abandon the work and fail or refuse to 

commence it again within days after notification from the first party, 

or if he should fail to comply with the orders of the engineer or with this 
agreement or with the specifications hereto attached, then, and in that case, 
the sureties on the bond shall be notified and directed to complete the same. 
In case the sureties fail to comply with the notice, the first party may, within 

days after serving such notice, carry on the work at the expense of 

the contractor and sureties." 

In the flood protection work of the Miami Conservancy District 
where large and important contracts are involved and where the matter 
of delays may become serious, a more elaborate provision for termi- 
nating the contract has been prepared after serious and thorough con- 
sideration.* 

"If the work to be done under this Contract shall be abandoned by the 
Contractor, or if this Contract shall be assigned, or placed in bankruptcy, or 
the work sublet by him, otherwise than as herein specified, or if at any time 
the Engineer shall be of the opinion, and shall so certify in writing to the 
Board, that the performance of the Contract is unnecessarily or unreasonably 
delayed, or that the Contractor is violating any of the conditions or agree- 
ments of this Contract, or is executing the same in bad faith or not in accord- 
ance with the terms thereof, or is not making such progress in the execution 
of the work as to indicate its completion within the time specified in this Con- 
tract, or within the time to which the completion of the Contract may have 



Report of A. E. Morgan, Chief Engineer, Vol. Ill, p. 44. 



264 General Conditions of the Contract 

been extended by the Board, the Board may notify the Contractor to discon- 
tinue all work or any part thereof, under this Contract, by a written notice to 
be served upon the Contractor as hereinbefore provided, and a copy of which 
notice shall be given to his Surety, or the authorized agent for the latter; 
thereupon the Contractor shall discontinue the work, or such part thereof as 
the Board shall designate, and thereupon, the Surety may, at its option, as- 
sume this Contract, or that portion thereof on which the Board has ordered 
the Contractor to discontinue work, and proceed to perform the same, and 
may, with the written consent of the Board, sublet the work or portion of the 
work so taken over; provided, however, that the Surety shall exercise its op- 
tion, if at all, within two weeks after written notice to discontinue work has 
been served upon the Contractor and upon the Surety or its authorized agent. 
The Surety, in such event, shall take the Contractor's place in all respects, 
and shall be paid by the party of the first part for all work performed by it 
in accordance with the terms of this contract; and if the Surety under the 
provisions hereof shall assume said entire Contract, all moneys remaining 
due the Contractor at the time of his default, shall thereupon become due and 
payable to the Surety as the work progresses, subject to all of the terms of 
this Contract. 

"In case the Surety does not, within the hereinbefore specified time, exer- 
cise its right and option to assume this Contract or that portion thereof on 
which the Board has ordered the Contractor to discontinue work, then the 
Board shall have the power to complete by contract or otherwise, as it may 
determine, the work herein described, or such part thereof as it may deem 
necessary, and the Contractor agrees that the Board shall have the right to 
take possession of and use any of the materials, plant, tools, equipment, sup- 
plies and property of every kind provided by the Contractor for the purpose 
of his work, and to procure other tools, equipment and materials for the 
completion of the same, and to charge to the Contractor the expense of said 
contracts, labor, materials, tools and equipment and expenses incident thereto. 
The expense so charged shall be deducted by the District out of such moneys 
as may be due or may at any time thereafter become due the Contractor under 
and by virtue of this Contract, or any part thereof. The Board shall not be 
required to obtain the lowest figures for the work of completing the Contract, 
but the expense to be deducted shall be the actual cost of such work. In 
case such expense is less than the sum which would have been payable under 
this Contract if the same had been completed by the Contractor, then the 
Contractor shall be entitled to receive the difference; and in case such ex- 
pense shall exceed the amount which would have been payable under the con- 
tract if the same had been completed by the Contractor, then the Contractor 
shall pay the amount of such excess to the District on notice from the Board 
of the excess so due; but such excess shall not exceed the amount due, under 
this Contract, at the time the Contractor is notified to discontinue said work, 
or any part thereof, plus the amount of the bond or bonds executed by the 
Contractor for the performance of this Contract. When any particular part 
of the work is being carried on by the Board, by contract or otherwise, under 
the provisions of this section, the Contractor shall continue the remainder 
of the work in conformity with the terms of this Contract, and in such man- 
ner as in nowise to hinder or interfere with the persons or workmen em- 
ployed, as above provided, by the Board." 



Responsibility of Contractor 265 

K. Time and Order of Completion — Liquidated Damages — Right 
to Discontinue Work. — The Time of completion of a contract is often 
of great importance, and in all contracts, even where the importance of 
early completion is not great, a time of completion should be specified, 
otherwise the work may be delayed unduly. 

The time of completion must often be made the essence of a con- 
tract on account of : 

(a) The necessity of having a given work completed to meet cer- 
tain emergencies, contingencies or uses. 

{h) On account of the losses of interest on investment or other 
damages which may be occasioned by delay. 

For these reasons, and perhaps for many others which might be 
mentioned, a specific time of completion should be stipulated in the 
agreement. It is also frequently desirable that certain portions of the 
work shall be completed first, and that other portions of the work shall 
follow in a given order, to best serve the purposes of the construction. 
In such cases, the order of completion may be an essential feature of 
an agreement. The character of the work may also be such that it 
cannot be properly performed under certain weather conditions, and 
it may become desirable to discontinue the work when such conditions 
arise. When such conditions are likely to arise, stipulations to this ef- 
fect should be included in the agreement. 

There can be no doubt that a contractor is legally bound', by a 
stipulation to complete a contract on a given day or date provided the 
time limit is reasonably possible, and provided also that he is not de- 
layed by conditions entirely beyond his control. When a contractor 
delays the time of completion beyond that specified in the contract, and 
especially when such delays are caused by his own negligence, he is 
undoubtedly liable for damages occasioned by such delays, and such 
damages can be collected by due process of law. 

"The party of the second part further agrees that the work shall be 
commenced and carried on at the point and in the order of precedence speci- 
fied. 

"The said party of the second part further agrees that he will commence 

the work within days after the execution of this contract, and will 

progress therewith so that by the day of , 19. ., the work shall 

be completed in accordance with this agreement." 

L. Rate of Progress and Forfeiture. — When the time of comple- 
tion is important, and the length of time necessary for construction is 
considerable, it is not sufficient simply to provide that the work shall 



266 General Conditions of the Contract 

be completed at a certain date, for with such a provision no recourse 
can be had against the contractor until after the date of completion. 
To assure the prompt completion of the work, it is desirable in all such 
agreements to stipulate that the rate of progress shall be made an es- 
sential feature of the contract, and it should be provided that unless the 
rate of progress necessary to complete the work in the specified time 
is maintained, the contract may be forfeited and relet, or the work 
prosecuted by other means, which means should be specified in detail. 

Failure to maintain a given rate of progress and the consequent 

forfeiture of a contract are serious features when forfeiture is actually 

declared, and are apt to lead to litigation. For this reason, the method 

"of determining progress should be clearly defined, so that the right to 

declare forfeiture in case forfeiture is declared, may be perfectely clear. 

The fundamental basis on which the rate of progress and comple- 
tion of all contracts must depend, is the number of days' work to be 
done, and the time available for doing it. Under ordinary conditions, 
the rule for determining the rate of progress is first to determine the 
total number of days w^orked included in all classes of work covered 
by the contract, and divide by the time. The quotient will be the num- 
ber of days' work which must be done in each unit or division of time. 
The factors in the problem are the quantity of work, and the time in 
which it is to be done ; and the ordinary and usual method of calculat- 
ing the quantity of work is by the day's work. 

The term "day's work" represents the amount of work which can 
be done by one man in one day, and is independent of the pay which 
the man receives: thus, a laborer at $1.75 per day, a stone-cutter at 
$6.00 per day, or a sculptor at $50.00 per day would each do one day's 
work in one day's time. The cost, therefore, is not the measure of 
quantity of work, although it is the measure of value. 

In all contracts, however, where one class of work only is involved, 
or where the classes are so similar that the cost of the same is in pro- 
portion to the work done, quantity and values are essentially similar, 
and the rate of progress may be measured by either quantity or value. 
From the inception of the work, the engineer must bear in mind the 
time required for its completion, and the rate of progress must be based 
upon the actual time which will be required for completion. Often on 
account of the nature of certain portions of the work, a greater portion 
of time must be allowed for the execution of certain classes of work, 
and on others on account of limited space or other conditions where 
only a certain number of days' work per day are possible. Frequently 



Responsibility of Contractor 267 

correlative work, or work which depends for its execution on the com- 
pletion or progress of other work, will take no especial or distinct por- 
tion of time for its execution, as it can progress as other work pro- 
gresses. 

In the practical execution of work, another feature must be con- 
sidered in this connection, that is, the preparation for the execution of 
work. It takes a certain length of time to get the plant on the ground, 
and to get it in shape for the proper performance of its functions. 
Then, too, in the beginning of a work it is impossible to accomplish as 
much the first month as the second, or the second month as the fourth, 
but a considerable time must elapse before the work is in full swing 
and can be systematically prosecuted. This is due to the fact that men 
and machinery are new and also to the fact that work cannot be rapidly 
prosecuted until it is opened up and rendered accessible. 

Rate of progress also depends on the plant installed, and the spec- 
ifications requiring a higher rate of progress may involve an expendi- 
ture for a plant which will add materially to the cost of the work. The 
plant must necessarily be selected in view of the time of completion 
and the rate of progress required ; thus, a single steam shovel will 
handle from 600 to 1,000 yards of earth per day and cannot be set up 
to advantage for removing less than 100,000 yards. If the rate of 
progress specified is so great that a large number of shovels are re- 
quired, the investment involved is very large, and the cost per yard 
may be* greatly increased over what the cost would be if sufficient time 
were allowed so that only one shovel would be required. • 

A high rate of progress of work is often possible where it is not 
feasible, for the element of cost is important not only to the contractor 
who takes the work, but also to the party having the work done, for 
the contractor must base his charges on the absolute requirements of 
construction. 

The specifications of the Sanitary District of Chicago follow : 
"The work done each month shall not be less than the proportion in- 
dicated by the total number of months, provided that the first four months 
after notice to begin shall be considered as one month and the last two 
months before completion as one month, and provided further that this rate 
shall not be required if at any time the aggregate work done exceeds the 
total proportion due to the time that has passed since notice to begin work, 
and always provided that the sanitary district shall not be obliged to make 
payment in excess of the above month in proportion." 

The Aqueduct Commission of the City of New York, in a con- 
tract for Section 13 of the New Croton Aqueduct required : 



268 



General Conditions of the Contract 



"That the rate of progress shall be such that, 1st, in 100 days from the 
execution of the contract both the shafts shall be excavated to their full 
depth; 2d, in each and every month, commencing GO days from the time the 
shafts must be excavated, not less than one-ninth of the total length of each 
heading shall be excavated; 3d, on or before the 30th day of September, 1887, 
the whole work shall be completed in accordance with this agreement." 

In a contract for the improved sewerage of the City of Lynn, 
Massachusetts, the requirements for time of beginning, rate of prog- 
ress, and time of completion, are as follows : 

"The said contractor further agrees that he will commence the work 
within ten days of the execution of the contract and will progress there- 
with so that by the 20th day of October, 1887, the value of the work done, 
and the materials delivered shall at least equal one-third of the value of the 
total amount of work to be done and the materials to be delivered under 
this contract and by the 15th of November, 1887, said value shall at least 
equal one-half of said total amount, and by the first of July, 1888, the whole 
work shall be completed in accordance with this agreement." 

This last specification includes work in which the amount of work 
and material is fairly measured by the value of said work and material. 
In many contracts this is frequently not the case. For example, in 
works for construction of levees, which require the clearing and grub- 
bing of land and in which the price for said clearing and grubbing is 
included in the price per cubic yard for the levees, the cost of the pre- 
liminary work may be very considerable and may require a considerable 
amount of labor and time, for which, in the contract, no direct return 
is received, and an allowance for time must necessarily be made for 
the execution of these preliminary w^orks. 

It has been suggested by Mr. E. R. Shnable that a satisfactory 
method of handling the rate of progress would be to provide a blank 
in the proposal, and require the contractor to fix his own rate of prog- 
ress in percentages, essentially as follows : 

"If awarded the contract for this work propose to complete the 

same at the rates indicated in the following table in which the progress is ex- 
pressed in percentages of the money value of the work to be performed under 
the contract, at the various dates specified. 



On October 1, 1916 per cent. 

On November 1, 1916 per cent. 

On December 1, 1916 per cent. 

On January 1, 1917 per cent. 



On February 1, 1917 per cent. 

On March 1, 1917 per cent. 

On April 1, 1917 per cent. 

On May 1, 1917 100 per cent. 



May I being the date of completion fixed by the specifications or 
otherwise. 



Responsibility of Contractor 269 

M. Liquidated Damages. — Liquidated damages to the extent of 
the actual damages occasioned by the delay wi 1 undoubtediy consti- 
tute a legal and valid claim. The agreement may fix a certain sum as 
damages for delay, but there is always a question as to whether the 
amount fixed may be actually retained or recovered at law. While it 
is a common practice in such stipulations to define the sum to be re- 
tained as "liquidated damages," it is nevertheless true that the court 
will usually not regard such sum as actual ''liquidated damages," unless 
it can be shown that the actual damages sustained were equal to or 
greater than the amount as named. In such cases the court will not 
sustain a penalty but will sustain the collection or retention of the ac- 
tual damage when said damage is not less than the amounts named in 
the contract.^^ 

It may here be noted that difficulties in the way of construction, 
casualties, accidents, etc., are not excuses which will tend to relieve the 
contractor from "liquidated damages." On the other hand, a delay 
occasioned by the party of the first part or by other contractors may 
relieve a contractor from "liquidated damages."^^ When liquidated 
damages are actually incurred, such damages are sometimes waived by 
a failure to notice the default or by allowing the work to continue and 
payments to be made as if such default had not occurred." 

Where the time of completion is a matter of real moment and 
"liquidated damages" are specified for delays, it is desirable in the in- 
terest of fairness and justice to insert also a bonus clause for the com- 
pletion of the work in advance of the time requirement. The bonus 
clause also adds the element of mutuality and assures the enforcement 
of either penalty or bonus as a matter of mutual agreement. 

"Should the contractor fail to complete the work as herein specified 
within the time named, unless granted an extension of time by the party of 
the first part, he shall be liable for the wages of the superintendent on his 
work from the above specified time to the date of the engineer's certificate 
of completion of his work, and the amount of such wages shall be deducted 
from the money which may be due to him from the amount of the final esti- 
which may be due or become due to the said contractor, under this agree- 
ment, the sum of dollars ($..) per day as liquidated damages for 

every day the aforesaid work may be uncompleted over and beyond the 
time herein stipulated for its completion: provided, however, that the said 
first party shall have the right to extend the time for the completion of the 
said work if he should decide so to do. 

"And the said party of the second part agrees to commence the work 
herein required to be done within days after the signing of this con- 
tract, and that the rate of progress shall be such that on or before the .... 

day of , 19.., the whole works shall be completed according to this 

agreement. 



270 General Conditions of the Contract 

"In case the said party shall fail to fully and entirely, and in con- 
formity with the provisions and conditions of this agreement, perform and 
complete the said work and each and every part and appurtenances thereof 
within the time hereinbefore specified for such performance and comple- 
tion, or within the said further time which may be allowed by 

for such performance and completion, the said party of the second part shall 

and will pay to the said party of the first part the sum of ( $ • • ) for 

each and every day that the said party of the second part shall be in default, 
which said sum of ($••) per day is hereby agreed upon and deter- 
mined by the parties hereto as the damages which the party of the first 
part will suffer by reason of such default and not by way of penalty, and 
the said parties of the first part may deduct and retain the said sum of 

($••) per day out of any money which may be due or become due 

under this agreement." 

"The time of completion is of great importance, and it is mutually agreed 
between the parties to this contract, that in case said party of the second 
part shall fail to fully and entirely perform and complete the said work and 
every part thereof, in full conformity with the provisions and conditions of 
this agreement, and within the time herein before specified for such perform- 
ance and completion, then, and in that event, the said party of the second 
part shall and will pay to the said party of the first part the sum of 
( $ . . ) for each and every day that said work shall remain uncom- 
pleted. In event, however, that said work shall be fully completed before 
the date specified for such completion, then and in that event, the said party 
of the first part shall and will pay to the said party of the second part, the 

sum of ($. . ) for each and every day that the said party of the second 

part shall have completed the contract in advance of the time of completion 
specified. The said party of the first part may deduct and retain the said 
sum of ($• . ) per day for each day of delay beyond the date of com- 
pletion specified, out of any moneys which may be due or become due under 
this agreement, or shall add to the final payment of the party of the second 

part, the sum of ($..) for each day the work is completed prior to 

the specified date of completion." 

§ 154. Conduct of the Work. 

A. Keeping of Plans and Specifications Accessible. — It is usually 
desirable to have plans and specifications readily accessible on the work, 
in order that the requirements of the contract can be discussed and 
defined by the engineer or inspector with the contractor and his su- 
perintendent. These papers can usually be made most conveniently 
accessible by being kept at the contractor's local office or in some other 
manner on the work. A clause to this effect is commonly desirable. 

"The contractor shall keep a copy of the plans, profiles and specifications 
constantly accessible on the work for the use of the engineer and inspector in 
the work of supervision. The party of the first part shall, however, furnish 
free of charge, such plans, profiles and specifications as are necessary for this 
purpose." 



Conduct of the Work 271 

B. CJiaractcr of Workmen. — (Foreign labor, convict labor and 
eight-hour law.) While the party of the first part, if he would place 
the responsibility as to accidents and ultimate results on the contractor, 
must not undertake the direction of individual workmen, he may pro- 
vide that such workmen shall be faithful, orderly, competent and skill- 
ful. Where work is to be done for the public, or must be done under 
any statutory enactments, it is desirable a^so to include a stipulation 
reciting the restrictions of such statutes. 

"The said party of the second part agrees to employ only orderly, com- 
petent and skillful men to do the work; and that whenever the engineer 
shall inform him in writing that any man or men on the work are, in his 
opinion, incompetent, unfaithful or disorderly, such man or men shall be 
discharged from the work and shall not again be employed on the same 
without the engineer's written consent." 

The following extract from one of the specifications of the United 
States' Reclamation Service is an example of the restrictions which it 
may be necessary to introduce in certain contracts : 

"In all construction work eight hours shall constitute a day's work and 
no Mongolian labor shall be employed thereon. The importation of foreign- 
ers and laborers under contract to perform labor in the United States or the 
Territories or the District of Columbia is prohibited. (Sec. 3738, Rev. Stat. 
U. S. Acts: Aug. 1, 1892, 28 Stat. L, 340; June 17, 1902, Sec. 4, 32 Stat. L, 
388; Feb. 26, 1885, 23 Stat. L., 332; and Feb. 23, 1887, 24 Stat. L., 414.) In 
the performance of this contract no persons shall be employed who are un- 
dergoing sentences of imprisonment at hard labor imposed by courts of the 
several States, Territories or municipalities having criminal jurisdiction. 
(Executive order, May 18, 1905.)" 

C. Losses and Damages. — It is also desirable that a clear under- 
standing shall exist as to who is to bear the expense due to casualties 
or to losses due to the action of the elements or expenses incurred from 
other unforseen conditions or contingencies which may increase the 
cost of the work. These conditions are usually controlled to a greater 
or less extent by the skill, care and methods used by the contractor. 
For this reason he is usually required to bear the expense of the same. 

"All loss or damage arising out of the nature of the work to be done or 
from the action of the elements or from any unforeseen circumstances in 
the prosecution of the same or from unusual obstructions or difficulties 
which may be encountered in the prosecution of the wor'k, or from any 
casualty whatsoever of every description, shall be sustained and borne by 
the contractor at his own cost and expense." 

D. Protection of finished or Partially Finished Work. — It is com- 
monly desirable to hold the contractor liable for the care of wholly 



272 General Conditions of the Contract 

or partially finished work until the entire completion of the contract, 
and he should not be relieved in this matter on account of estimates 
or payments made on such work. 

"The contractor shall take all necessary precautions to protect all work 
done, or material furnished under this agreement, from injury by action of 
the elements or by the process of construction; he shall also take proper 
means to protect adjacent or adjoining property or property in any way en- 
countered or which might be injured by the process of construction to be 
taken under this agreement." 

"The contractor shall properly guard and protect all finished or par- 
tially finished work, and shall be responsible for the same until the entire 
contract is completed and accepted by the engineer. Estimate of partial 
payment on work so completed shall hot release the said contractor from 
such responsibility but he shall turn over the entire work in full accordance 
with the specifications before final settlement shall be made." 

"The contractor shall take all necessary precautions to protect all work 
done or material furnished under this agreement from injury by the action 
of the elements or the processes of construction, and on completion of the 
contract shall turn over the same and every part thereof in full accordance 
with these specifications." 

E. Hindrances and Delays. — Various unexpected hindrances and 
delays during the process of construction may add considerably to the 
expense of the work. The contractor is commonly required to sus- 
tain such extra expense without extra compensation. In writing such 
stipulation, care must be exercised to see that no injustice or unneces- 
sary hardship is placed on the contractor. 

When the progress of work is delayed from causes entirely beyond 
the control of the contractor, he is ordinarily entitled to an extension 
of time. In order to secure such extension, he is usually required to 
make an application in which he must set forth the causes of the delay. 

In granting such extensions of time it is usually desirable and cus- 
tomary to first secure the consent of the sureties on the contractor's 
bond, after which the contractor should be notified of the extension 
granted. It should also be stipulated that, in granting such extension 
of time, the party of the first part does not otherwise waive any rights 
under the contract. 

"No charge shall be made by the contractor for hindrances or delays 
from any cause (except where work is stopped by order of the parties of 
the first part) during the progress of any portion of the work embraced in 
this contract, but such delays, if due to no fault or neglect of the contractor, 
shall entitle him to an extension of time, allowed for completing the work, 
sufficient to compensate for the detention, provided the contractor shall give 
V'Q '^"'gineer immediate notice in writing of the cause of such detention. 



Conduct of the Work 273 

The amount of the detention shall be determined by the engineer, and the 
extension of time shall not include unseasonable weather. In case said work 
shall be stopped by the act of the party of the first part, then such expense 
as in the judgment of the engineer is caused by such stopping of said work, 
other than the legal cost of carrying on the contract, shall be paid by the 
party of the first part to the party of the second part. 

"The reserve the right of suspending the whole or any 

part of the work contracted to be done when they shall deem it for the in- 
terests of the City of so to do, without compensation for loss 

to the contractor for such suspension other than extending the time of com- 
pleting the work: as much as it may have been delayed by such suspension; 
and if the said work shall be delayed for the reason that the parties of the 
first part do not own or have not obtained possession of land on which same 
is to be performed, then and in that case and every such case, the party of 
the second part shall be entitled to so much additional time wherein to per- 
form and complete this contract on his part as the engineer shall certify in 
writing to be just, but no allowance by way of damages shall be made for 
such delay. Neither an extension of time for any reason beyond that fixed 
herein for the completion nor the doing and acceptance of any part of the 
work called for by this contract, shall be deemed to be a waiver by the said 
commissioners of the right to abrogate this contract for abandonment or 
delay, in the manner provided for in the paragraph marked .... in this 
agreement." 

F. Defects, and Their Remedies. — (Work and material.) Work 
and mater'al furnished on a contract must be fully in accordance with 
the agreement and specifications. Work that has been done and is not 
of the quality required by a reasonable interpretation of the specifica- 
tions should be torn down or removed and rebuilt in accordance with 
the requirements. If the materials when brought on the site of the 
work are not foimd satisfactory and in full accordance with the 
agreement and specifications, they should be removed at once so that 
they may not be used in the work either by mistake or when the engineer 
is not aware of such use. m\ stipulation to this effect in the agreement 
is therefore advisable. 

"And it is further agreed that if the work or any part "thereof, or any 
material brought on the ground for use in the work, or selected for the 
same, shall be deemed by the engineer as unsuitable, or not in conformity 
with the specifications, the contractor shall forthwith remove such material 
and rebuild or otherwise remedy such work in accordance with the direc- 
tions of the engineer." 

G. Construction Plant. — Agreements are usually made with con- 
tractors for certain classes of work on account of their experience in 
such work and on account of their possession of necessary tools, ma- 
chinery and plant for the construction of the work in question. The 
agreement should therefore include a stipulation providing that the con- 



274 General Conditions of the Contract 

tractor shall furnish the necessary tools, machinery, equipment and 
plant for the construction of the work to be done under the agreement, 
unless such tools, machinery, equipment, and plant are to be furnished 
by the party of the first part. 

"The party of the second part shall provide all labor, material, and 
machinery necessary in the prosecution and completion of this contract 
where it is not otherwise specially provided that the party of the first 
part shall furnish the same, and it is also to be understood that the party of 
the first part shall not be held responsible for the care or protection of any- 
material, tools or machinery or for any part of the work until it is finally 
completed and accepted. 

"The said contractor shall furnish the necessary scaffolding, ways and all 
necessary means and conveniences for the transfer of the material to its 
proper place, and for its erection; and it is also to be understood that the 
party of the first part shall not be held responsible for the care or protection 
of any material or part of the work until its final acceptance." 

§ 155. Police and Sanitary Regulations. — Certain restrictions 
are usually desirable in order to enforce satisfactory police and sani- 
tary conditions and to prevent trouble from the use of intoxicants on 
the work. The latter is especially essential when the work to be 
done is isolated from communities where liquor is sold under license. 

Only three brief specifications of a general nature are here given 
as examples. It is frequently necessary to make exact regulations 
which will cause the contractor considerable expense, especially where 
large works are to be constructed in connection with the water supplies 
of large cities. In such cases the specifications should be fully elabo- 
rated in order that the contractor may be completely informed as to the 
expense which will be involved because of the sanitary regulations. 

A. Sanitation. 

"Necessary sanitary conveniences for the use of laborers on the work, 
properly secluded from public observation, shall be constructed and main- 
tained by the contractor in such manner and at such points as shall be ap- 
proved by the engineer, and their use shall be strictly enforced. 

B. Intoxicants. 

"The contractor shall neither permit nor suffer the introduction or use of 
spirituous liquors upon or about the works embraced in this contract or 
upon any grounds occupied by him." 

C. Contractor's Buildings. 

"The building of structures for housing men, or the erection of tents or 
other forms of protection will be permitted only at such places as the engi- 
neer shall provide, and the sanitary condition of the grounds in or about 
such structures shall at all times be maintained in a manner satisfactory to 
the engineer." 



Literature 275 

LITERATURE 

Engineering and Architectural Jurisprudence. John C. Wait. •'?*art III. 
A construction contract. John Wiley & Sons, Inc. New York. 

Engineering Contracts and Specifications. Prof. J. B. Johnson. Includ- 
ing discussions of the general clauses of contracts and specifications. 3d ed. 
McGraw-Hill Book Co. Inc. New York. 

The Standard Documents of the American Institute of Architects. Con- 
taining contract forms and general condition of the contract as recommended 
by the Institute. Published by the Institute at Washington, D. C. 

Element's of Specifications Writing. Prof. R. D. Kirby. Discussion ad- 
vertisements, proposals, contracts, general conditions and specific clauses in 
contracts. John Wiley & Sons, Inc. New York. 

Laws and Business of Engineering and Contracting. C. E. Fowler. 
Discussion contracts and specifications. The relation of the engineer and 
contractor. Inspection, contracting, bidding, organization of contract work, 
etc. McGraw-Hill Booli Co. Inc. New York. 

Specifications and Contracts. J. A. L. Waddell and John C. Wait. Dis- 
cussion of contract and specification writing. Engineering contracts and 
contract law. McGraw-Hill Book Co. Inc. New York. 

The Principles of Specification and Agreement Writing. C. R. Young. 
Pamphlet published by the Canadian Engineer. Toronto, Canada. 

Civil Engineering Specifications and Contracts. R. I. D. Ashbridge. 
American Technical Society. Chicago. 

Engineering Contracts. Lecture on general subject, with examples by 
J. A. L. Waddell to students in several universities. .Published by the author. 

Unreasonable Contract Requirements by the Government. Discusses lack 
of explicitness and disadvantage of lump sum method of doing work for the 
Charleston dry dock. Gives extracts from Specifications — Staff article. Eng. 
Rec. Vol. 46, pp. 265, 289, 313. 

Government Contracts; Legal Pitfalls and How to Avoid Them. A very 
complete discussion of the requirements of government contracts by George 
A. King & William B. King. Eng. Rec. Vol. 52, pp. 676, 713, 748, Vol. 53, 
pp. 22, 48, 66, 100. 

Public Construction Contracts. Report to American Society of Engineer- 
ing Contractors, by William B. King. Jour. Am. Soc. Eng. Contractors, March 
1913, Canadian Eng. Vol. 25, p. 237. 

Legal Suggestions Respecting Road Contracts. General principles and 
discussion of municipal road contracts, by W. L. Bowman. Can. Engr. Vol. 
25, p. 860. 

A New Form of Government Contract. Describes changes in forms of 
contracts of the Supervising Architect U. S. Treasury Dept., by Richard D. 
Micou. Eng. News Vol. 74, p. 109. 

Governing Clauses in Engineering Contracts. Discusses some clauses 
which have caused hardships. Staff article. Eng. Rec. Vol. 65, p. 366. 

Some General Principles Applicable to Public Construction Contracts, 
Statement of Principles which lead to fair contracts. Wm. B. King. Eng. 
News, Vol. 70, p. 1017. 



276 General Conditions of the Contract 

Some objectionable Provisions in Government Contracts. Discusses ad- 
vantages of explicitness and fairness by Wm. B. King before American So- 
ciety Engineering Contractors. Eng. Rec. Vol. 66, p. 589. 

Standardizing Public Works Contracts. R. W. Crenzbaur. Eng. News, 
July 28, 1910. Also Eng. Rec. July 2, 1910. 

Standard Contract Forms for Engineering Work. Comparison of stand 
ard contract of A. I. A. with current engineering practice. Eng. Rec. Vol. 73, 
p. 695 and 699. 

GUARANTEES 

The Abuse of Guarantees. Discussion of fairness and in guarantees. 
Editorial. Eng. Rec. Vol. 61, p. 771. 

Guarantees. On the value of guarantee on a pumping unit. Editorial. 
Eng. Rec. Vol. 53, p. 665. 

Guarantees of (Performance. Cites two instances of worthlessness of 
guarantees. Editorial. Eng. Rec. Vol. 66, p. 142. 

IXSPECTION 

Instruction to Foreman. Manual of rules. J. W. Ferguson Co., Pater- 
son, N. J. Eng. Rec. Vol. 56, p. 573. 

General Instructions to Inspectors of Street Paving. Abstract from Bu- 
reau of Highway, Borough of Manhattan. Eng. News, Vol. 69, p. 1114. 

Instructions for Foreman and Contractors on State Road Construction in 
Wisconsin. Abstract Bulletin 12 — Wis. State Highway Commission. Eng. 
News, Vol. 70, p. 291. 

Contractor, Engineer and Inspector. Value of spirit of fairness and 
methods of promoting harmony by F. E. Ellis. Eng. Rec. Vol. 68, p. 724. 

This Lax Inspection Typical. Discussion of ins::Gcticn of luzitcr in Chi- 
cago. Eng. Rec. Vol. 72, p. 682. 

Enforcement of Specifications. Abstract of .Presidential address to Am. 
Soc. Test. Mat. June 1907, Eng. News, Vol. 58, p. 2. 

How Can Better Building Inspection be Secured? Outline of plan to 
prevent lax inspection. Eng. News, Vol. 36, p. 217. 

Co-operation versus Inspection Tyranny on Contract Work. Desirability 
of experienced inspectors. Editorial. Eng. Rec. Vol. 71, p. 447. 

DELAYS AND PENALTIES 

A Decision of the Court of Claims on Penalties, by Wm. B. King. Eng. 
Rec. Vol. 63, p. 453. 

Time Penalties on Government Contracts. Court rulings as to duties of 
owner and contractor. Editorial. Eng. Rec. Vol. 57, p. 587. 

Time Penalty Decision by U. S. Supreme Court. Court ruled the penalty 
valid. Eng. Rec. Vol. 55, p. 633. 

Penalty on Liquidated Damages. Defines differences and cites cases. 
Eng. Rec. Vol. 60, p. 152. 

Time Penalties on Contracts. Discusses penalties and liquidated dam- 
ages, by George A. King. Eng. Rec. Vol. 58, p. 383. 

A Court Decision as to the Enforcement of the Time Penalty in Engineer 
ing Contracts. Editorial. Eng. News, Vol. 65, p. 602. 

Penalty Clauses in Engine Specifications. Discussion of fairness of pen- 
alty clauses. The Engineer, Vol. 38, p. 287. 



Literature 277 

Governmental Responsibility for Delays on Contracts. Court ruling held 
government liable for unreasonable delay. Editorial. Eng. Rec. Vol. 68, 
p. 62. 

Waiver of Time Limit and Responsibility for Extras. Court ruling in 
claims concerning the government, by Wm. B. King. Eng. Rec. Vol. 67, p. 48. 

Responsibility for Contracting Delays. Discusses causes and effects of 
delays. Editorial. Eng. Rec. Vol. 66, p. 561. 

Delay by Reason of Changes. Cites court decisions regarding responsi- 
bility for delays by Geo. A. King. Eng. Rec. Vol. 70, p. 136. 

Deduction of Liquidated Damages for Delay. Decisions by U. S. Court 
of Claims on this question, by Wm, B. King. Eng. Rec. Vol. 66, p. 657. 

Penalties and Liquidated Damages. Cites decisions to show uncertainty 
of law on subject, by Wm. B. King. Eng. Rec. Vol. 69, p. 368. 

EXTRA WORK 

Payment for Contract Extras. Advantages of Complete Specifications. 
Editorial. Eng. Rec. Vol. 57, p. 170. 

Compensation Claim for Keeping Coffer Dam Dry. Cites decision of 
Comptroller, U. S. Treasury Dept. against Contractor, by Wm. B. King. Eng. 
Rec. Vol. 67, p. 97. 

Comments on Two Specifications Clauses Relating to Extra Work. Criti- 
cizes indefinite clauses. Editorial. Eng. News, Vol. 54, p. 42. 

A Contractor's Claim for Extra Allowance. States and discusses claim. 
Editorial. Eng. News, Vol. 71, p. 924. 



CHAPTER XV 

PREPARATION OF SPECIFICATIONS 

§ 156. Importance. — The preparation of proper specifications 
necessary for a clear understanding of the nature of machinery, sup- 
pl'es, or material to be furnished or work to be done under a contract, 
is as essential for such work as the plans for the same. Each is ex- 
planatory of the other, each often incomplete without the other, and 
unless each is carefully and properly prepared, many disputes and mis- 
understandings are apt to arise, frequently resulting in expensive liti- 
gation. 

From such specifications, bidders not only get their information of 
the nature and amount of the work they will be called upon to do if 
this bid is accepted, but they may also form some idea of the fairness 
of the parties who have prepared the plans and specifications, and of 
the treatment they are liable to receive during the progress of the 
work. In many cases these papers are the only introduction of the 
bidder to the work and to the m.en with whom he is invited to do busi- 
ness. It is self-evident therefore thpt in the preparation of such 
specifications, absolute clearness of details and fairness of intent are 
essential to secure satisfactory proposals and proper work. 

Any specification that is indefinite, indeterminate, ambiguous or 
useless will involve uncertainties and result in the addition of certain 
sums by the bidder for self-protection which sums will invariably be 
far in excess of the actual cost which would result from a definite 
and exact requirement. Any specifications, therefore, which are arbi- 
trary, unfair or unnecessarily severe, give a bad impression of the engi- 
neer, attorney and principals and usually involve either a refusal to 
bid on the work or additions to the price bid to offset the unwarranted 
treatment to be expected under such specifications. 

A specification is not the place to show the extent of the engineer's 
knowledge, but it is the place to show how clearly and exactly he can 
describe the essential and practicable limits of the qualities of work 
and material needed for the end in view, how well he can protect his 
client by definite and proper requirements, and how fair and just he 
will be in his treatment of contractors. 

§ 157. Use of English. — In the writing of specifications, all that 
has been said about the use of English applies with special force. The 



Importance of Specifications 279 

language used should be clear, accurate, and exact. The technical 
terms or vernacular common to the trade to which the specifications 
apply, may be used, but they must be understood and used correctly. 
When used they must be defined or be used in the sense which they 
have acquired through common or local usage, the basis on which 
they will be legally interpreted. 

In the writing of contracts and specifications everything^ should, 
if necessary, be sacrificed to clearness. In reports and papers, for the 
sake of euphony, it is frequently desirable to substitute other words 
more or less synonymous in order to avoid repetition. In contracts 
this should be avoided ; words are almost never exactly synonymous, 
and in contracts and specifications the word having the exact meaning 
should be used as frequently as necessary. In such papers, it is also 
desirable to express the idea to be conveyed in the clearest possible 
way, and repetition of the same idea in dififerent words, if it adds to 
clearness, is not regarded as tautology. Care must be taken however 
to see that repetition does not obscure rather than clear up the idea to 
be conveyed. The language must not have a double meaning, and 
where a subject is described in general and also in particular, care must 
be exercised to see that the ideas duplicated are identical. 

In the Bronx Valley sewer contract, involving $2,000,000, the engi- 
neer described concrete to be used as a 1:2 4 mixture. He then spe- 
cified that a "batch" of concrete should consist of one barrel of cement 
(3.85 cu. ft.), two barrels of loose sand (6.50 cu. ft.), and four barrels 
of stone (13 cu. ft.). The contractor under the last description was 
required to mix the concrete in the ratio of i : 1.69 13.38, on the basis 
of the volume used, or even richer on the basis of the volume of loose 
cement. An action was brought for $36,000 on account of the excess 
cement required.^ 

In ordinary conversation and in most writings, the words used 
have a sufficiently clear meaning to convey our ideas for general pur- 
poses, for often no great degree of accuracy is necessary. In the 
writing of specifications, however, these same words are found to be 
indefinite, and must be defined and qualified to bring out the limited 
meaning in which they are or should be used. The young engineer 
is apt to assume that the words he uses have a single and definite 
meaning and is greatly surprised to find the language he has used 
and which conveyed to his mind a very definite idea, is susceptible of 
numerous other interpretations. 



1 See the Engineering Contractor, Vol. 2, p. 83. 



280 Preparation of Specifications 

In practice, the meaning of every term or expression should be 
analyzed, and whether or not it may have other than the meaning 
which it is intended to convey, determined. Not only is this analysis 
necessary, but it is also desirable to consider whether under the con- 
tingencies of construction, where perhaps unforeseen conditions arise, 
the terms may not have still other meanings, or perhaps prove quite 
inexact and indefinite. 

For example : The word "day" may mean the calendar day ot 
24 hours ; the working day, omitting Sundays and holidays ; the work- 
ing day of ten hours : or the shift of twelve or eight hours. The 
term "ton" may mean the long ton of 2,240 pounds or the short ton 
of 2,000 pounds. The term "cord," commonly meaning 128 cubic 
feet, may, by local usage, mean 100 cubic feet. The term "perch" as 
applied to the measurement of stone work varies radically by local 
usage from place to place. 

§ 158. Clearness. — Clearness in all details, both in plans and 
specifications, is a protection both to the owner and to the con- 
tractor, as in one case the contractor is unable to do improper work 
or avoid the execution of essential features, and on the other hand he 
is enabled to understand exactly what is desired by the engineer, and 
can regulate his bid in accordance therewith, without the addition of 
a percentage to cover uncertain work which he may be obliged to do 
but which is not clearly specified. Nothing is gained to the party 
letting the work by uncertainty in the understanding of what is de- 
sired, for if such uncertainty exists a careful contractor will add a 
percentage to cover such contingencies, while an unscrupulous con- 
tractor* will take advantage of such uncertainties to secure the con- 
tract and depend for his profit on his ability to avoid the execution 
of such portions of the work. 

Specifications not only describe the character of the work but 
also serve as the instructions to superintendents and inspectors as. to 
what requirements they are bound to enforce. It is therefore de- 
sirable that the specifications should be susceptible of a literal interpre- 
tation not only for a clear understanding between the two parties to 
the contract but also that the inspectors or superintendents in charge 
of the work shall know what requirements to impose. 

Where much is left to the engineer's judgment, or where unnec- 
essary or practically impossible specifications are imposed (which is 
always undesirable and inexcusable) friction may perhaps be avoided 
if the engineer is experienced and is continually at hand to give his in- 
terpretation of obscure clauses, or his permission to disregard inexped- 



Clearness 281 

lent requirements. An inspector has no such prerogative, unless the 
same has been especially delegated by his superior and must usually 
insist (unless fully instructed by the engineer, which should always be, 
but seldom is, the case) on the fulfillment of the letter of the contract. 
When the inspector does insist on carrying out an irrational specifica- 
tion, and an appeal is taken to the engineer, if experienced, he must 
decide in favor of a reasonable interpretation of the specifications which 
he has prepared. In so doing, the engineer must reverse the decision 
of the inspector, to his great embarrassment, and to the injury of his 
confidence in his instructions (the specification), and of his future use- 
fulness. Clearness and exact language in sufficient detail to meet all 
reasonable contingencies and suitable for literal interpretation, will 
not only prevent disputes but will add to the efficiency and effective- 
ness of supervision and inspection. 

In order that a specification shall be clear and definite, its para- 
graphs and clauses should be arranged, so far as practicable, in logical 
order. Each element should b:^ discussed completely and in detail in a 
single paragraph or sentence devoted solely to that single feature, and 
when fully covered should not again be mentioned unless necessary for 
defining its relation to other features. More than one element should 
seldom be described in a single paragraph, as such reference tends to- 
ward obscurity. 

An extreme case of obscurity is illustrated by the following ex- 
ample '?■ 

"All timber standing where levee is to be constructed may be held by 
the contractor as his own, and he will be allowed an excess of 25% price 
per cubic yard for filling said muck ditch as in the levee embankment; also 
the contractor will be required to add 10% to the height of levee above 
grade line to allow for settling of same." 

Here are apparently three distinct subjects treated in a single 
sentence, and so treated as to leave the reader somewhat in doubt as 
to the idea intended to be conveyed by their author. Each of these 
subjects not only would have been more clearly covered by a dis- 
tinct sentence, but should have had a paragraph devoted to its specific 
purpose. 

§ 159. Brevity. — While it is important that every element of the 
contract shall be clearly, completely and exactly described, it is also 
important and essential for clearness that such description shall be as 
brief as is consistent with a complete and exact description. 

2 See Eng. News Sup. Dec. 31, 1903, p. 381. 



282 Preparation of Specifications 

A specification is not a treatise on the subject under considera- 
tion, and should not be used to impress the chent. or contractor with 
the profundity of the engineer's knowledge of the subject. Only those 
characteristics or features should be specified which are essential in 
order to secure the results desired. Any paragraph, sentence, or word 
which can be omitted without material efifect on the complete under- 
standing of the subject should be omitted. 

The introduction of clauses in the specification which specify noth- 
ing except perhaps the uncertainty of the engineer's knowledge of the 
material or labor to be done are exceedingly undesirable and should 
be carefully avoided. For example, in many specifications for the 
foundations for brick pavements which were formerly in vogue in the 
Upper Mississippi Valley in which the foundation consisted of broken 
stone, filled with sand and properly rolled, this specification was com- 
monly inserted : 

"The sand shall be rolled, with constant light watering to avoid lick- 
ing up." 

What was meant by the latter portion of this clause has always 
remained a mystery. Possibly its originator had an idea which he 
thus defectively expressed ; others, evidently not knowing what it 
meant, adopted the clause for fear they would otherwise prepare a de- 
fective specification. 

Again, a clause relating to the concrete mixer provided "Mixer 
must be of a size proportionate to the size of the batch mixed," and in 
the same specification in relation to forms : 

"The contractor may adopt any suitable system of moulds for the con- 
crete in place, provided the same be approved by the engineer. The moulds 
may be fixed or movable, but must be rigid when in place so as to form a 
concrete accurately." s 

Neither of these clauses has any apparent meaning, or at least no 
meaning which would not be covered by a specification for "a good 
and workmanlike job." 

§ i6o. Indefinite Specifications. — Carelessness and ignorance of 
the detailed requirements, which should be included, often lead to in- 
definite specifications. Such specifications are also sometimes inserted 
with dishonest or vicious intent. There is often a temptation to write 
such specifications rather than to take the trouble to consider and to 
determine the necessary requirements, at the time the specifications 



3Eng. News Sup., Vol. 51, p. 257. 



Indefinite Specifications 283 

are being prepared. As it is usually provided that the engineer shall 
interpret or explain any causes not clearly stated, there remains an 
opportunity for the engineer to decide the matter later, and this also 
involves an uncertainty and a chance for a considerable variation in 
expense. Such uncertainties may be and sometimes are used for the 
purpose of dishonest favoritism. Such uncertainties are manifestly 
unsatisfactory and unfair, not only to the contractor but to the client 
of the engineer as well, for they almost always add unnecessary ex- 
pense. It is only through ignorance, carelessness or dishonesty that 
specifications are left so indefinite that the contractor can not know 
exactly what is expected and required, or those which are unnecessary 
or undesirable are included. 

For dishonest purposes, specifications are sometimes drawn so in- 
definite that no bidder can determine what is required, unless he has 
inside information, and so many matters may be left to the decision 
of the engineer that no contractor, unless he knows he will be unduly 
favored, dare bind himself to the uncertainties involved. For exam- 
ple, in the specifications for a proposed power house for a state insti- 
tution,* the following stipulations were embodied : 

Under the heading "Violation of Contract," the architect was 
given authority to notify the contractor in writing and within 24 hours 
after the serving of the notice, the contractor should cease work ; the 
architect was then to have full authority to immediately purchase any- 
thing required and take possession of all the materials on the ground 
or built into the work, and the contractor or bondsman was to meet 
all bills. While such provisions are both illegal and absurd, no con- 
tractor would sign a contract containing such a clause without realiz- 
ing that a law suit might be necessary in order to maintain his rights. 

In another clause relating to changes, it was specified that in case 
any work was not in accordance with the specifications, the architect 
would be empowered to accept such work or material and make such 
a reduction in the contract price as he may determine, which reduc- 
tion was to be "final, conclusive and without appeal," another absurd 
and illegal requirement involving, however, the possibilities of 
favoritism or a suit at law. 

In relation to extra work, the following unique and unfair pro- 
vision was specified : "The contractor hereby agrees to furnish such 
materials and to perform such labor as extra work and agrees to ac- 
cept in full payment thereof a price which shall be fixed by the archi- 

i See Eng. News, Vol. 54, p. 603, 



284 Preparation of Specifications 

tect and the board of trustees previous to its commencement." It is 
quite evident that such a power might work great hardships and per- 
haps financial ruin to an unfavored contractor, while a favored con- 
tractor would profit unduly. 

Numerous other similar arbitrary and uncertain provisions were 
included, all of which either indicated carelessness, ignorance and un- 
fairness or a desire to shut out competition, and to limit the bidding 
to some favored parties. 

The writing of a definite specification, however, is not as easy as 
may be assumed. A specification which may seem entirely definite 
may prove indefinite through the various conditions under which it 
may be exercised. For example : 

Engineering News, commenting on indefinite specifications, calls 
attention to the following: "Specifications (for concrete) for the 
most part read somewhat as follows : 

'Concrete shall be made of one part by volume of Portland cement, 2i/^ 
parts by volume of sand, and 5 parts by volume of broken stone.' 

"A specification worded like this often becomes a fruitful source 
of controversy, for there is a great difference in the volume of cement 
depending upon whether it is packed in a barrel, shaken down in a 
measuring box, or merely cast loosely into such a box. It is a ques- 
tion for the engineer to decide whether loose or packed measurement 
will be required, but having decided he should be explicit in writing 
the specification. The following is a good example of clearness : 

'In preparing mortar and concrete, the cement, sand and stone will be 
mixed in the proportix)n by volume hereinafter specified. The cement shall 
be measured when compacted so that 380 lbs. of dry Portland cement have 
a volume of 8.6 cu. ft. The sand and stone shall be measured when not 
packed more closely than by throwing it in the usual way into a barrel or 
box.' " (See Eng. News Sup., Vol. 50, p. 269.) 

§ i6i. Indeterminate Specifications. — When the amount of ma- 
terial or work to be done under a contract is expected to be small, it is 
customary with some engineers to cover the same with only a brief clause 
in which the work done and material furnished are to be "as the engi- 
neer shall direct." This practice is less objectionable when only a 
limited quantity of such work or material is to be furnished, but as in 
most cases there is an uncertainty as to the amount, the practice seems 
entirely inexcusable. 

It may be regarded as proper to give no great amount of space to 
the specifications for a certain class of material or work where only a 



Indeterminate Specifications 285 

small quantity is to be used, but while brief, the requirement should be 
clear and exact. If the work is worth doing, the contractor has a 
right to know the exact requirements before he bids for the same, and 
should not be held subject to the uncertain requirements of an engi- 
neer, possibly unknown and inexperienced. The following are exam- 
ples of such objectionable practice : 

"First class compound arch masonry will be laid in mortar. The thick- 
ness of the arch, the length and thickness of the stone forming the arch, 
will be such as the engineer shall prescribe." 

Also, 

"Concrete is to be made of such material and in such proportions as 
to material and in such manner as the engineer shall direct." s 

Even when an attempt is made to draw briefly such specifica- 
tions, it sometimes -occurs that the engineer may, in his haste, specify 
the material of a greatly superior quality to that which is actually 
needed in the work. This may prove .serious if through an unex- 
pected increase the quantity required is actually large. For example, 
in a specification for sewers in which only a limited quantity of tim- 
ber would probably be needed for the foundation work, it was speci- 
fied : 

"Such lumber as is required shall be of a suitable character for the pur- 
pose intended, of straight grain and free from all defects." 

The first part of this specification might have an entirely different 
meaning from the last portion Kyi the same, for in few cases would 
timber "of straight grain and free from all defects" be needed. A 
cautious contractor, under such a specification, would bid a price which 
would assure him a reasonable profit under any conditions, while a 
careless contractor, relying on the first clause of the specification, 
might sustain a serious loss if a large amount of such material were 
used. 

§ 162. Ambiguous Specifications. — Unnecessary or unreason- 
able requirements are always ambiguous and are uncertain as to what is 
actually desired, and what will actually be required by the engineer. 
Under such conditions, responsible contractors will add materially to the 
price for the work done under such specifications. Not only does this 
unnecessarily increase the cost of the work, but such specifications also 
brand their maker as ignorant of the practical requirements of the 
work, and are a notice to unscrupulous parties that the writer of the 
specifications is one who may perhaps be manipulated or bluffed into 
reasonable requirements, or even to extremes in the other direction. 
It is only too easy to prepare in the office specifications which are im- 



Eng. News Sup., Vol. 51, p. 258. 



286 Ambiguous Specifications 

possible to carry out in the field, or which, if carried out, will prove 
undesirable or expensive. 

Specifications that cannot be reasonably enforced except under 
particular and peculiar circumstances, should be eliminated for where 
they are included they practically must be ignored except where an 
absolute necessity for their enforcement arises. This calls for an arbi- 
trary decision by the engineer which a subordinate can seldom be per- 
mitted to exercise, and in the exercise of which by the chief he is left 
open to criticism. For example, in the specifications for concrete, the 
following clause has frequently been inserted : 

"Concrete shall not be dropped into place through a greater distance 
than one foot." e 

A specification of this sort is usually wholly impracticable and 
should be required only where some injury, possibly by separation of 
material or injury to new work, might make such an unusual precaution 
absolutely necessary. 

Such a specification, therefore, should not be applied to the entire 
work, but only to the conditions in which such requirements are neces- 
sary, and it would seem desirable to introduce a longer specifi- 
cation in which the methods of depositing the concrete under various 
conditions should be restricted as far as necessity seems to demand. 
These extremes should be avoided by the engineer. He should specify 
only such requirements as are necessary for the completion of the work 
in the manner desired. 

§ 163. Arbitrary Specifications. — While it is necessary for the 
engineer to be able to exercise such control over the work as will enable 
him to secure its proper performance and completion, it is unwise and 
unsafe for him to endeavor to exercise unneccessary and abitrary con- 
trol over any part of the work. If the contractor is to be held responsi- 
ble for the work, or for the results obtained, or as to time of comple- 
tion, safety to the public, etc., he must not be relieved of responsibility 
through arbitrary specifications, by means of which the prerogatives of 
management may be usurped by the engineer. 

An extreme case of such usurpation is shown by the following 
extract from a sewer specification : 

"The contractor must employ a competent mechanic, selected by the 
engineer, who understands and speaks English, and not a common laborer, 
to make the joints of the pipe sewer." 7 



c Eng. News Sup., Vol. 51, p. 257. 
7 Eng. News Sup., Vol. 51, p. 149, 



Arbitrary Specifications 287 

A common but extremely arbitrary requirement which may be ex- 
ercised to a contractor's serious disadvantage, and is therefore unde- 
sirable, is as follows : 

"The contractor shall commence and prosecute work at such points, at 
such times and with such forces as the engineer may direct." « 

Such a specification is seldom necessary or desirable. The inser- 
tion of a time limit clause and of such requirements as to when and 
where the work is to be begun and prosecuted as may be necessary, 
wi!l relieve all doubt, and render impossible arbitrary persecution dur- 
ing construction. 

Too great and arbitrary authority by the engineer may result in 
his assuming for his client responsibilities which should be placed on 
the contractor. For example : 

"Before blasting, the contractor must procure a written order from the 
engineer. Blasts shall be covered with timbers heavily chained together. 
Caps or other exploders shall in no case be kept in the same place in which 
dynamite or other explosives are stored; and, in general, the precaution 
against accidents from blasting shall be entirely satisfactory to the engineer. 
The contractor shall be liable for all damages to persons or property caused 
by blasts or explosives." a 

If under this clause, the engineer is called upon to specify the 
precautions to be taken and should an accident occur in spite of the 
precautions taken, the contractor may reasonably claim that he had 
acted as servant of the engineer's client and not as an independent 
contractor, and is therefore blameless. 

§ 164. Unfair Specifications. — Occasionally in specifications it 
wouM seem the purpose of their writer is not only to protect his client 
in every legal way but also to hamper the contractor by unfair and un- 
called for restrictions. Such restrictions can result only in unneces- 
sary expense as they must of necessity limit competition, make the 
contracting parties doubtful of the good faith of the party preparing 
the specifications, and suspicious of the treatment which he will ac- 
tually receive should he be awarded the contract for the work. Such 
clauses shouM be eliminated entirely as they have no place in the con- 
tract. It is, and should be, the purpose of every attorney or engineer 
who may be preparing a contract to see that his client is entirely and 
fully protected, but anything beyond this can give only unsatisfactory 
results. 

It is usually desirable when letting a contract which is finally 
placed in the hands of a responsib^.e party to prohibit the assigning of 

s Eng. News, Vol. 51, p. 149. 
9 Eng. News, Vol. 51, p. 65. 



288 Preparation of Specifications 

the contract to other parties who may not be fully satisfactory. The 
restrictions, however, should not be so made as to prevent the con- 
tractor from being able properly to finance his work by allowing its 
use as security for money borrowed for its execution. The following 
clause is an extreme case of this kind. The clauses written are en- 
tirely unfair, uncalled for, and may be used as a club for the purpose 
"It is mutually understood and agreed that if the contractor shall as- 
sign or transfer either absolute or conditionally by order or otherwise, the 
compensation or any part thereof to which he may become entitled under 
the contract before such compensation is actually earned, the city may, for 
that reason, cancel the contract and retain all compensation at the time of 
such assignment or transfer due or owing to the contract; or the city may, 
at its option, recognize any such assignment and transfer as valid. The 
option of the city in that regard shall be exercised by the commission of 
public works, and the recognition of any assignment or transfer as valid 
shall not preclude the city from cancelling the contract on account of any 
other or subsequent assignment or transfer. The contractor agrees not to 
so assign or transfer his compensation, or any part thereof. 

"And it is also mutually understood and agreed that the city may, at 
its option, declare the contract in default and cancel this contract, in case 
proceedings in bankruptcy are instituted by or against the contractor (or 
either of thQm, if there is more than one), or in case proceedings supple- 
mentary to execution are instituted against the contractor (or- either of 
them, if there is more than one) ; and if the city shall so cancel the con- 
tract, it may complete the work or improvement as herein elsewhere pro- 
vided. Such option shall be exercised by the commissioner of pubUc 
works." 10 

It is always desirable, when possible, to determine in advance the 
character of all work required, and to describe it so clearly that an in- 
telligent bid for the same may be made by the contractor. 

In underground and subaqueous work it is sometimes impossible 
to determine in advance just what character of work will be necessary 
to secure the desired results. When such is the cond'tion, any work 
which may be required to bring about the desired results should be 
regarded as extra work, and paid for as such. Any attempt to force 
the contractor to perform such work at his own cost and expense is 
not only unfair, but will usually result in high bids and unnecessary 
expense. An example of an unfair specification of this class is as fol- 
lows: 

"Whenever the bottom of the trench is not sound, the contractor must 
furnish and put in place, without expense, good or suitable material; and 
when it is considered necessary by the engineer, the contractor shall lay a 
foundation of timber, without extra expense. "n 

if)Eng. News Sup., Vol. 52, p. 152. 
ti Eng. News Sup., Vol. 50, p. 305. 



Unfair Specifications 289 

The intelligent contractor will, of course, add a sufficient amount 
to cover fully the probable cost of any work which might be required 
under such a specification as the above, and the engineer's client will 
pay more than the fair cost of such work. To ask a contractor to 
assume all risk of conditions and then to assume the risk of what an 
obviously unfair engineer may think necessary to provide for such un 
foreseen conditions is, to say the least, unwarranted. 

In specifications for work which is covered from sight, not easily 
reinspected, and not open at all times to ready examination, it is de- 
sirable to provide that the engineer may if he desires uncover and 
open up for his personal examination any work supposed to be com- 
plete. In such case it is usually provided that if the work is found to 
have been constructed in accordance with the plans and specifications, 
the cost of such examination and of any necessary repairs shall be at 
the expense of the engineer's client; but if the work is found faulty in 
any particular, it shall be replaced and repaired at the expense of the 
contractor. 

Such a clause, permitting re-examination at any time, discour- 
ages any attempt at introducing poor work or material either in the 
absence of the inspector or by collusion, and is fair and just for it in- 
volves no expense to the honest contractor, while it means the possi- 
bility of an expense to the dishonest contractor greater than any pos- 
sible saving through defective work. An unfair clause of this general 
character which would undoubtedly cause an unnecessary increase in 
the cost of work on account of the uncertainties involved, is as follows : 
"The engineer must be permitted to remove sucli portions of the work 
as he may from time to time think necessary, for the discovery of improper 
material or workmanship, and the contractor shall restore such work at his 
own expense." 12 

It is evident that with such a clause an engineer may greatly an- 
noy a contractor and add materially to the expense of construction. 
Such a clause is not only unfair, but savors of dishonesty as by waiv- 
ing, such examination for a favored contractor, the cost of construc- 
tion might be greatly reduced. 

§ 165. Unnecessary Severity. — In drawing specifications for a 
material only the average requirements which characterize a good ma- 
terial of the class desired should usually be embodied. It is undesir- 
able to make the limiting requirements too severe, unusual or extrava- 
gant, as such requirements may add materially to the expense, pre- 
vent intelligent bids by driving responsible contractors from the field, 

i2Eng. News. Sup., Vol. 50, p. 3G5. 



-?C* 



290 Preparation of Specifications 

prevent the execution of the work, or involve a confession of error 
and have to be modified to the embarrassment of their writer. Too 
often the minimum hmits of a specified test are fixed at or near the 
maximum that has been secured from tests of the best of similar ma- 
terial. Frequently the results specified are impossible to obtain on the 
average, especially when a material is new on the market. Such 
severe requirements are usually in error and are seldom if ever neces- 
sary. The requirements for a good average material are more readily 
enforcible, and any additional safety required should, if possible, be 
'secured by improvement in design. 

In the early days of brick paving, when the number of paving 
brick factories was still small, a test of paving brick from one of the 
smaller factories showed that the best class of material would not ab- 
sorb more than i^ per cent of water. Based on these tests, it was 
suggested that specifications for this material should place this limit 
as the requirement for brick for paving. At the particular time in 
question, the factory mentioned could not have supplied more than one- 
half million brick per year, and few if any other factories were, at that 
time, turning out brick which would comply with such a specification. 
Nevertheless such a specification was adopted for a paving contract 
involving about six million brick, and had to be waived before the 
construction of the pavements in question was possible. 

§ 1 66. Specifications for Criticism. — The student, should con- 
sider one or more of the following specifications, and both criticize the 
specification as written and rewrite the specification so as to assure 
proper results or to express the meaning (which should have been ex- 
pressed) in clear and unequivocal language. The student should ex- 
amine critically each specification to see wherein it is obscure, verbose, 
indefinite, indeterminate, ambiguous, arbitrary or unfair. 

1. "Broken stone shall be of quality approved by the engineer and shall 
be of cubes of such size as will pass through a two inch ring." — Eng. News 
Sup., Vol. 51, p. 149. 

2. "The contractor must employ a competent mechanic, selected by the 
engineer, who understands and speaks English, and not a common laborer, 
to make the joints of the pipe sewer." — Eng. News Sup., Vol, 51, p. 149. 

3. "Should the engineer so desire, 50% of the stone (for the concrete) 
may be replaced by gravel, perfectly free from sand." — Eng. News Sup., Vol. 

4. "The mortar used in masonry and brick work shall be made of hy- 
draulic cement and sand, or lime and sand, or a combination of hydraulic 
cement, lime and sand, according as the engineer may direct. It shall be 
mixed in such proportion and made and used in such manner and within 
such time after mixing as he shall prescribe and direct." — Eng. News Sup., 
Vol. 51, p. 49. 



specifications for Criticism 291 

5. "The engineer must be permitted to remove such portions of the 
work as he may from time to time think necessary for discovery of improper 
materials or workmanship, and the contractor sliall restore such work at 
his own expense." — Eng. News Sup., Vol. 50, p. 365. 

6. "All timber used in the trench and left there shall be paid for at cur- 
rent rates." — Eng. News Sup., Vol. 50, p. 305. 

7. "In accordance with our conversation this morning, I hereby agree to 
rent you 12 wheel scrapers at 50 cents each per day." — Eng. News Sup., 
Vol. 51, p. 169. 

8. "The State Engineer shall between the first and fifteenth days of each 
month make and file with the Superintendent of Public Works, an esti- 
mate of the amount, character and quantity of work done and of material 
which has actually been put in place in accordance with the terms and con- 
ditions of this contract during: the preceding month, and compute the value 
thereof. The Superintendent of Public Works may within fifteen days 
thereafter at his office, pay to the contractor from the money which shall 
have been appropriated for that purpose, a sum not to exceed ninety per 
cent of the value of the work performed and material furnished as so cer- 
tified by the Engineer."— Eng. Rec. July 27, 1907, p. 85. 

9. "Trenches shall be filled with special care. The engineer may, if he 
deems necessary, require one man tamping to each man filling in, or may 
require the contractor to puddle the filling with water without extra com- 
pensation." — Eng. News Sup., Vol. 50, p. 125. 

10. "It is expressly specified that in entering into the agreement to per- 
form the work herein specified, the contractor admits that he has read each 
and every clause of these specifications and the circular of instructions, fully 
understands the meaning of the same, and that he will comply with all the 
requirements herein set forth." — Eng. News Sup., Vol. 50, p. 321. 

11. "The sewer will be measured along its center line. The price bid 
per lineal foot of sewer will include all expense for labor and for material 
needed to complete the sewer; and no additional payment will be made for 
bracing, pumping, street repairing or any other thing involved in completing 
the sewer." — Eng. News. Sup., Vol. 50, p. 257. 

12. "All clay and spongy material shall be removed to a depth to be de- 
termined by the engineer (not exceeding 12 inches below the bottom of the 
macadam), and shall be replaced with such material as the engineer may 
direct." — Eng. News Sup., Vol. 50, p. 257. 

13. ''Superstructure for Paving. — Consisting of four inches deep after 
rolling and ramming solid sand and gravel or hard coal cinders; under 
course of bricks laid flat; one inch sand bedding after rolling solid; top 
finished course — vitrified bric"ks paved on edge, racked with sand as follows: 

"The superstructure for paving shall be executed to such depth below 
the underside of the top brick course as will admit a layer of solid sand and 
the top finished paving. If such said depth below the underside of the top 
brick course be not too shallow, shall receive a foundation of sand and 
gravel so directed, under course bricks laid flat, with one inch of sand bed- 
ding for finished paving." 

14. "lAt a depth of seven inches below underside of top brick course, the 
formation shall receive a layer of sand and gravel to pass a two aijd onn- 



292 Preparation of Specifications 

half inch ring, or hard coal cinders as shall be directed, four inches in thick- 
ness after ramming and rolling solid with a five ton roller, to receive layer 
of flat brick paving, one inch sand bedding and top course." 

15. "The paving bricks shall consist of the very best quality of vitrified 
bricks used for paving purposes. They shall be thoroughly sound vitrified 
through, and shall withstand all tests brought to bear as to their fitness, and 
shall not contain lime, etc., to such extent as to cause them to fracture after 
being immersed in water eight (8) days, and shall show a modulus of rup 
ture not less than eighteen hundred (1,800) pounds to the square inch, and 
absorption not Ipss than one and five-tenths (1.5) per cent. This average 
shall not be varied from more than twenty (20) per cent." 

16. "The transverse courses of top finished paving shall be laid on edga 
perfectly at right angles with the line of curbs and in perfectly straight 
lines, laid and tested to a cord-line and plumb-bob." 

17. "As the work proceeds, any portion not actually covered by the fin- 
ished paving; or any ground that may have been opened to the formation 
level, shall be kept from exposure to storms and inclemency of the weather 
by oil sheet tarpaulins provided for the purpose. If at any time the forma- 
tion is allowed to get wet, soft or cut up, it shall be taken out to such depth 
as directed by the engineer, and replaced with sand and gravel or hard coal 
cinders, thoroughly tamped and rolled, as directed by the engineer, without 
Bxtra charge or cost." 

18. "The committee shall have power at any time to alter, amend and do 
anything relating to the quantity or quality and description of materials or 
workmanship, or to add to, or reduce any of the work without in any way 
annulling the contract, and the contractor shall comply with these terms in 
every respect, the same as if no alteration in any respect had been made 
without extra cost or claims, or in any case, should there not be a price re- 
turned or provided for in the schedule contained in the contractor's bid for 
anything required or called for whether the same is specified or not, for 
materials supplied, built and fixed in place, or workmanship, then such price 
shall be allowed by the engineer as in his opinion is reasonable and fair, and 
according to its market value. If such alterations diminish the work to be 
done, they shall not constitute a claim for damages or for anticipated profits 
on the work dispensed with." 

LITERATURE 

The Writing of Specifications. Points to be observed in preparation of 
specifications, by H. P. Breintenbach. Eng. News, March 7, 1912, p. 443. 

Specifications. Address to students of Renssalaer Polytechnic Inst., by 
Theo. Cooper. Eng. Rec. Apr. 15, 1893, p. 395. 

Notes on Preparing Specifications, U. S. Reclamation Fervice. Fome prin- 
ciples to be observed. Eng. News, Vol. 57, p. 649. Eng. Rec. Vol. 55, p. 701. 

The Making of Specifications. Abstract from address to Am. Soc. Test 
Mat. 1903, by Dr. C. B. Dudley. Eng. News, Vol. 50, p. 39. 

Alternate Specifications for Public Work. Discussion showing that all 
bids should be made on same basis, by C. D. Hill. Eng. News, Vol. 74, No. 25, 

The Application of Specifications. Presidential Address before 16th an- 
nual meeting Am. Assoc, Test. Mat. by Robert W. Hunt. Eng. News, Vol. 

7^ "I 9'> 



Literature 293 

Engineers, Contractors and Specifications. Criticism of unfair and in- 
definite specifications. Editorial. Eng. News, Vol. 48, p. 213. 

Relation between Research and Technical So2iety Activities. Extracts 
from address to Am. Soc. Test. Mat. June, 1914. A. N. Talbot. Value of re- 
search in writing specifications. Eng. Rec. Vol. 70, p. 36. 

Who Should Prepare Specifications? Editorial. Discusses advantages of 
using standard specifications and objections to specifications prepared by in- 
terested parties such as manufacturer. Eng. News, Vol. 36, pp. 121. 154. 

Clear Specifying and the Nova Scotian Steel-Coal Lawsuit. Desirability 
of explicit specifications. Editorial. Eng. News, Vol. 61, p. 386. 

The Evils of Indefinite Plans and Specifications. Editorial. Eng. Re?. 
Vol. 70, p. 655. 

Square Deal Specifications. Desirability of explicit and fair specifica- 
tions. Eng. Rec. Vol. 55, p. 454. 

Engineers' Contracts and Specifications from the Contractors' Point of 
view. Abstract of paper before Boston Soc. C. E. by J. W. Rollins, Jr., Eng. 
News, Vol. 58, p. 356. 

A Court decision that Specifications on Public Work must accurately de- 
fine the work. Editorial. Eng. News, Vol. 55, p. 128. 

Contract Obligations in the Steel Trade. Abstract of paper before Am. 
Iron & Steel Inst, gives fundamental conditions in contracts, by E. A. S. 
Clarke. Can. Eng. Vol. 23, p. 229. 



CHAPTER XVI 
TECHNICAL SPECIFICATIONS 

§ 167. Breadth of Knowledge Necessary. — Engineering specifi- 
cations may cover almost any phase of industrial activity, and it is ob- 
vious that no individual can, from his experience and immediate 
knowledge, be prepared to write suitable specifications for all of the 
multitude of engineering and architectural works, machines, materials 
and processes for which such specifications are sometimes needed. 
Even where the specifications are for matters within the experience 
and knowledge of the individual, and even though he has frequently 
prepared similar papers, the difference in conditions, the advances 
in the art, the improvements in methods, and the special economies 
possible, usually require thoughtful preparation and a readjustment 
of the ideas that have previously been embodied in such papers. 

In almost every important work, new conditions and new require- 
ments may mvolve detailed methods not fully familiar or possibly even 
quite unfamiliar to the engineer in charge, and he is obliged to pre- 
pare a specification for an object or result somewhat beyond his expe- 
rience. 

In all cases, and particularly in the case last mentioned, the engi- 
neer must know either by experience or by investigation, the nature 
of the material and processes best adapted to the particular case at 
hand, and the limitations and restrictions that it is desirable and com- 
mercially possible or practicable to specify for the guidance in fur- 
nishing the material and doing the work of construction. Everv 
source of information should be utilized, and even these will often be 
round too limited for his full information. 

§ 168. Detailed Information Needed. — In the preparation of 
technical specifications, it is essential that the engineer should pos- 
sess a comprehensive and detailed knowledge of : 

First. The qualities and characteristics of the various materials 
to be used and the practicable limits to which the qualities necessary 
for the work in question should be restricted. 

Second. The usual and practicable methods of performing the 
work to be done in such a manner that it will be completed without 
unnecessary expense and in a manner satisfactory for the purpose 
which it is to fulfill. 



Detailed Information 295 

Both requirements presuppose a somewhat broad and complete 
knowledge of the material and processes considered. Such a knowl- 
edge is acquired only by extended study, observation and ex|perience, 
and is not usually possessed by the young engineer or by an engineer 
who has been called upon to undertake work in lines somewhat differ- 
ent from his previous practice. In such cases, systematic study, in- 
cluding observation and investigation, can only partially take the 
place of the knowledge gained by experience, and without systematic 
study such specifications cannot be properly prepared. In many cases, 
experience is absolutely necessary, for the necessary requirements 
which should be included in correct specifications are not always suffi- 
ciently elaborated in available technical papers or books, nor is it al- 
ways practicable to obtain a sufficient knowledge of the same through 
limited observation and investigation. 

Third. The ability to designate in detail the composition or ele- 
ments of the material or processes and the methods to be used for 
their proper production and utilization or the ability to design in de- 
tail the structure, machine or plant contemplated. 

Fourth. A knowledge of the methods ordinarily employed by the 
mechanics or operatives in the manfacture of the product or machine 
and in the construction and operation or maintenance of the plant 
or structure. 

Fifth. The experience which will foresee the necessary materials 
and methods to be employed, difficulties to be overcome, and contin- 
gencies to be met in the work. 

The more complete the knowledge of the subject, the better the 
specification, provided the engineer has the ability to express his 
knowledge in clear and exact language. 

No engineer can evolve from his inner consciousness adequate 
specifications for engineering work ; and even after extended exper- 
ience, the intelligent engineer will frequently find ways in which his 
specifications can be materially improved. Extended study, observa- 
tion and investigation must therefore precede the preparation of any 
specification, and especially in lines which are new to their writer. 

§ 169. Outline. — The detailed requirements of the specifications 
for even a single fundamental material or process are seldom so sim- 
ple that they can be kept clearly in mind for the purpose of specifica- 
tion writing without danger of serious omissions. In the preparation 
of specifications for engineering and architectural works, the materials 
are so many, the processes so numerous, and the various parts and 



296 Technical Specifications 

divisions are so nianifoM that some material, process or part is apt to 
be overlooked and omitted unless special precautions are observed. 

Reliance on the memory to retain all these matters is inexpedient, 
as most engineers have experienced to their great embarrassment. 
From similar experiences, the author was led to adopt the analytical 
method here outlined, which he has used with satisfaction in his prac- 
tice for a^.most thirty years. 

The general plan to be pursued in the preparation of these out- 
lines is to divide the work to be done into its various elements, and 
to set down in detail ail materials and process which must be included, 
still further subdividing and analyzing the essential features or re- 
quirements of each. In the cases of fundamental material or processes, 
the qualities or operations that should be limited or controlled should 
be similarly differentiated, classified and outlined. 

The engineer should keep his note book constantly at hand when 
considering an improvement, whether in the office, the field, or the 
drafting room, and carefully note such points as he desires to intro- 
duce in the completed work, and embody them in his outline and 
specifications. 

The purpose of the analysis suggested is to arrange in a logical 
order the detailed subject matter for any given specification, covering 
in each case completely, or as nearly as practicable, the entire subject 
to be considered. In general such an outline should include all items 
that should ordinarily be embraced in a specification for similar ma- 
terial process or work. The outlines should be sufficiently complete 
to cover all ordinary conditions and requirements and in their use they 
should be carefully scrutinized to see that they include every item 
necessary for each particular case. 

With this ana^.ytical method of specification writing, collections 
of specifications of able engineers on various important works are of 
great value as suggestions, and will greatly facilitate the preparation 
of such outlines. 

A careful analysis of the work to be done or material to be fur- 
nished under any contract, is essential to rapid, accurate and suc- 
cessful specification writing. 

In the actual writing of specifications, all of the items in a com- 
plete outline will seldom be used for the particular work in hand, and 
often a brief memorandum may embrace all that is essential or de- 
sirable to mention. 

In practice, for each particular piece of work for which specifi- 
cations are to be prepared, a special outline in logical order may be 



The Outline 297 

first drawn up in which should be inckided all items necessary for the 
particular work. From a correct outline of this kind the specifications 
can be drawn with little chance of omission of important matters. 

After a correct outline is drawn, the specifications under each 
heading may be written, or clauses from such other specifications as 
the engineer desires to use as models, may be used so far as they apply 
to the work in hand. It is essential, however, that their bearing should 
be carefully scrutinized, and no specifications should be introduced 
which do not distinctly apply to the work in question.^ 

§ 170. The Use of Published Specifications. — In the preparation 
of technical specifications on lines that differ somewhat from those 
embraced in the experience of their engineer, the usual method has 
been to select as a basis for the new specifications, similar specifica- 
tions which have been used on other more or less similar work, and 
which are judged by the engineer to be satisfactory. 

An inteliigent study and analysis of specificat'cns which have 
already been prepared for similar work, especially where the exper- 
ience of their author renders them authoritative, is of great value and 
importance. 

There is no better source of information than well prepared speci- 
fications nor a better method of study than by a comparison of the 
practice of a number of experienced engineers as expressed by their 
specifications, and no better method of preparation than the adoption 
of well considered phrases and entire clauses that are really applicable 
to the case at hand. The error which commonly follows this practice 
lies in the abuse of such a method, and such errors can be overcome 
and this means of acquiring information utilized to advantage only by 
a full and careful analysis and comprehensive study of the subject. 
There is no way of accomplishing the object sought without hard and 
unremitting study and investigation, and professional success is de- 
pendent on an appreciation of these requirements no less than on 
other professional knowledge and experience. 

The rewriting of a well prepared clause which clearly and defin- 
itely specifies the qualities or limitations desired in order simply to 
effect originality is not advocated. Originality in specification writ- 



1 Similar outlines to those suggested are published: 

1st. In Sweet's Catalogue of Building Construction. (See checking list 
for specifications and estimates.) 

2d. In The Engineering Catalogues and Specification Digest, Iscrc'^. by 
the Engineering Magazine, (See Specification Digest.) 



298 Technical Specifications 

ing is not a desirable object. In most cases the more original a spec- 
ification is, the poorer it is. Well established precedent is a safe 
guide to follow, especially when proceeding beyond the domain of per- 
sonal experience, but it is essential to determine that a precedent is 
7vcll established and is a proper precedent for the condition at hand. 

In selecting for use specifications prepared by others, they should 
be modified as the conditions demand. This method has given and 
will give good results by careful discrimination and intelligent study, 
but it too often degenerates simply into copying wnth slight changes, 
the clauses prepared in previously executed work, the importance of 
which frequently differs from the work on hand and the conditions of 
which often vary largely from the work for which the new specifica- 
tions are to be used. To prepare a good specification will therefore 
require much more than even the judicious copying of other specifi- 
cations. 

A well and properly written specification will seldom apply in 
detail to other than the work for which it is prepared, and the use of 
such specifications on entirely diflferent work under radically different 
conditions and without careful initial study and consideration of their 
application in detail, can lead only to unsatisfactory results and is 
inexcusable. The unintelligent copying of such specifications should 
be studiously avoided. Such a method of preparation, which is alto- 
gether too common, is apt to bring embarrassment and shame on those 
who follow it. 

If the engineer is in too much of a hurry or is too indolent to 
study his subject and to inform himself properly, he is quite sure to 
copy those clauses which he does not understand, as such clauses will 
appeal to him as possibly highly essential for the perfection of his 
specifications, while frequently they will have no bearing whatever on 
his particular case, and the introduction of a clause not pertinent to 
the object at hand is a notice to contractors and manufacturers that 
their author is ignorant of his subject. 

In the careless use of this method of preparing specifications, cer- 
tain specifications are often selected only because they have been used 
on important work in other places and have to the unsophisticated 
engineer, a learned sound and not because there is any necessity for 
their introduction for the particular work in question. In this manner 
certain specifications are sometimes copied and recopied until they 
have lost any shade of meaning ; and in other cases, specifications are 
copied which may have no application whatever to the case in hand. 



Published Specifications 299 

While the insertion of useless specifications is objectionable, inas- 
much as they display ignorance of their writer in regard to the work 
at hand, yet they are ordinarily meaningless and their insertion is not 
so serious as the) omission of important specifications, which is per- 
haps a still more common occurrence. 

One of the dangers of copying a specification is that the specifica- 
tion may be incomplete unless the drawing of the work, which is an 
integral part of the same, also be considered. Dimensions shown on 
the drawings are seldom repeated in the specifications; hence if the 
specifications are carelessly copied, without due consideration, they 
may be regarded as complete in themselves when such is not the 
case. Take, for example, the following clause for a pavement : 

"Upon this sand cushion shall be laid a pavement of asphalt blocks. The 
blocks shall be 4" in width and 12" in length." 

It will be noted that the depth of the block is not mentioned, such 
depth being doubtlessly shown on the drawing to which the specifica- 
tions refer. 

§ 171. Simple Specifications. — In the performance of the sim- 
pler forms of labor, and in the purchase of the simpler materials or sup- 
plies, and even of simpler and smaller machines which have become 
standard, the necessary specifications are often of the simplest kind. 
Simple specifications may require only a plain and exact statement of 
the conditions that exist and the general nature of the machine or 
structure required to satisfy those conditions. Such specifications re- 
quire no elaborate special knowledge in their preparation, but such 
knowledge may be required when bids are received in order that an 
intelligent choice may be made as to the manner and method in which 
they will be best fulfilled. 

The preparation of such specifications does require a complete 
comprehension of the conditions and the ability to outline them clearly 
and completely, so that manufacturers or contractors will know how 
the requirements are to be met. 

In order to permit of competition in matters wherein certain 
methods or details are controlled by or are peculiar to certain indi- 
viduals or firms, the specification must be left open and should require 
that the proposal be accompanied by manufacturers' or proprietors' 
specifications, defining in detail the material, machinery or construc- 
tion which it is proposed to furnish under a specific bid. 

In all cases, where the specifications are only general in character, 
the contractor may be required to furnish the detailed specifications 



300 Technical Specifications 

and perhaps detailed plans with his bid, describing and showing therein 
the special details he proposes to furnish. Such specifications are 
usually requested under some general specifications, as follows : 

"The contractor shall furnish specifications describing in detail the char- 
acter of the work and material to be furnished by him under this contract. 
Such specifications, when accepted by the party of the first part and attached 
herein, shall be marked 'Exhibit . . . ,* and shall constitute an essential part 
hereof, and the work furnished hereunder must strictly conform thereto." 

§ 172. Detailed Specifications. — As a design becomes more 
elaborate and the individual parts of a structure become more numer- 
ous or complicated, it becomes more and more essential that the speci- 
fications shall be complete and that the materials and method of con- 
struction of each part shall be described in detail, for with increased 
complications in design greater uncertainties arise as to the materials 
and methods of construction which must be used. The specifications 
are intended to fix these details beyond question, and to confine the 
character of the materials, workmanship, and design within necessary 
limits. 

The preparation of such specifications requires an extensive tech- 
nical knowledge of materials, processes, designs and construction, in- 
cluding a knowledge and appreciation of commercial conditions and 
limitations which may influence the cost and efficiency of the results 
desired. 

In some cases where detailed plans and specifications are sup- 
plied, it may be desirable to ask manufacturers or expert contractors, 
having special experience, to submit bids not only on the engineers' 
plans and specifications but also on special plans and specifications, 
embodying their own ideas and practice. 

§ 173. Modifications of Requirements. — In the preparation of 
specifications, especially for public work, it is important that provisions 
should be made for such modifications in the methods which are to be 
pursued and the materials that are to be used as are likely to be re- 
quired, as any modification by the engineer in the strict requirements 
of the specifications are apt to subject him to severe although possibly 
unwarranted criticism. For example : in the specifications for con- 
crete or for placing the same (see Sec. 220), it is advisable if there is 
any chance that modifications in the character of the mixture or pro- 
cess will be desirable, to provide in the specifications for such modifi- 
cations and for the less or greater compensation to the contractor for 
the amount of work in which such modifications are made. The same 
rule should, of course, apply to all other materials and work in which 
modifications may become necessary. 



Standard Materials and Methods 301 

§ 174. The Use of Standard Materials and Methods. — Specifica- 
tions not only bind the contractor to perform his work in a certain 
manner, and to furnish material of a certain grade, but they also 
greatly influence the cost of the work and material furnished. In 
ordinary practice it is desirable to specify only such character of ma- 
chines, material, supplies or methods as may be found on the market 
and in general use. Unusual characteristics, modifications of stand- 
ard machines, and the introduction of new methods, should be speci- 
fied only when such unusual requirements are clearly needed to secure 
the best results and after an investigation has shown plainly that the 
additional expense involved is commensurate with the better results 
to be obtained. 

Neither the best nor the cheapest is uniformly desirable or ap- 
plicable, and the ideal quality for the specific conditions in immediate 
question should be the aim in each case. Unnecessary requirements 
and restrictions as to the quality or character of material and supplies 
or of unusual methods of construction will add unnecessarily to the 
expense involved and are a serious error. Such specifications are only 
too common and frequently result in unwarranted expense, serious 
trouble and sometimes in legal complications. 

§ 175. Influence of Specifications on Material and Methods. — 
While it is largely true, especially in small works, that the engineer 
must use those materials, products and methods which are usual and 
available and have the endorsement of common usage, it is also true 
that all such commercial products are s^.owly but surely modified and 
shaped by the demands of the best practice. The manufacturer who 
offers a material or a machine which is not up to standard require- 
ments, must sell to the ignorant or to others at a considerable disad- 
vantage, for a reduction in price for an inferior article may sometimes 
compensate for lack of a higher degree of perfection. If a machine or 
material is found more or less unsuited for the purpose for which it 
is used, and that purpose is of importance, its users will soon demand 
such changes in its qualities as will make it more satisfactory ; and 
the engineer in charge of the designs, dependent upon its use, or of 
the plants in which it may be needed as a necessary supply, should 
investigate its quality, see in what ways it may be improved and pre- 
pare specifications which will bring about the required improvements. 
Such improvements can be brought about only by expert investigation 
and a full knowledge of the subject ; and the specifications must be 
made along practicable lines. 



302 Technical Specifications 

The Altoona laboratories of the Pennsylvania Railroad are de- 
voted to such work, and the investigation and specifications, and the 
resulting betterments in materials and supplies furnished to that com- 
pany are examples of the best practice in specification writing.- 

§ 176. Responsibility. — The more general the specifications, the 
greater the degree of responsibility which the contractor should be re- 
quired to accept. As the details are defined by the specifications, the 
contractor's responsibility must of necessity decrease, for neither 
morally nor legally can a man be held responsible for results which 
are entirely beyond his control. 

In fixing responsibility by means of tests and guarantees, the 
item of the expense involved must be carefully noted, for, especially 
in smaller contracts, such requirements sometimes involve a consid- 
erable extra expense. 

It is frequently better to purchase a standard article from a manu- 
facturer of known repute, from whom the engineer knows he can 
secure a machine which will give certain well-known results, than to 
purchase a similar article under unusual guarantee from unknown 
parties and then forego the test on account of the expense involved. 

Responsible manufacturers frequently refuse guarantees on small 
contracts unless the tests are made at their own factories, or unless 
the expense of such a test is covered by an additional compensation 
to meet the cost of making them. 

The contractor should always be held responsible for the class of 
workmanship and material desired, and his responsibility in these 
matters should be carefully covered in the specifications. 

§ 177. Definite Requirements. — In the preparation of specifica- 
tions for materials, processes, machinery or works with which the 
engineer is more or less unfamiliar, there is always a tendency to 
cover ignorance by indefinite requirements. 

Indefinite specifications should, wherever possible, be carefully 
excluded from all specifications, and from machinery specifications in 
particular. If it is essential to specify limiting stresses in machine 
parts, then the limits should be specified in exact language, and they 
should not be specified to be "ample" or "sufficient." Such specifica- 
tions ar€ valueless for they leave the matter wide open for irrespon- 



2 The Influence of Specifications on Commercial Products, by C. D. Dud- 
ley. Address Am. Soc. for Testing Materials, 1904. See Eng. News, Vol. 51, 
p. 592. 



Definite Requirements 303 

sible manufacturers to do improper work, and trust to the ignorance 
of the engineer to pass it on inspection, while with reputable makers 
such clauses are wholly unnecessary. 

The question as to what the terms *'ample," "sufficient," etc., are 
intended to cover, must finally be decided if the machine is to be 
accepted or rejected on such a basis, and it will greatly aid in the 
clearness of the specifications if such questions are decided in the first 
place and the exact requirements inserted in place of the indefinite 
ones. General specifications in regard to workmanship must, from 
their nature, necessarily be somewhat inexact and indefinite, but when 
such clauses must be used they should be as carefully defined as pos- 
sible. When necessary such clauses may be embodied in the specifi- 
cations and defined by a specification somewhat as follows : 

"Whenever on account of the nature of the workmanship or material to 
be furnished, the specifications defining tlie same are, from the nature of 
such work or material, inexact or indefinite, and are specified to be 'first- 
class,' or 'satisfactory,' or by other terms in which the judgment of the in- 
dividual may vary, then and in that event, the engineer shall be the sole 
judge of the fulfillment of the same." 

Such a clause should, however, be used with care, as few con- 
tractors or manufacturers care to put themselves into the hands of 
an inexperienced or incompetent party. 

§ 178. Standard Specifications. — Various technical societies and 
associations have from time to time adopted "standard specifications" 
for certain materials, processes and structures. In general, such spec- 
ifications have received the careful consideration of experts who have 
had much experience in the manufacture and use of the material and 
are the result of a very free and full discussion of the various prac- 
ticable requirements of such manufacture and use. When such spec- 
ifications are available for a material to be used in construction, their 
adoption by the engineer seems to be desirable unless the peculiar 
conditions of the case in hand make changes in the requirements es- 
sential. The standard specification and its equipments are usually 
w^idely known to manufacturers and contractors, and the cost of the 
material, as subject to such specification, is readily determined. 
Requirements more severe or radically dififerent from a well estab- 
lished standard may seriously afifect and render uncertain the prices 
which may be demanded. Departure from such standards should 
therefore be made w^ith care and only for good and sufficient rea- 
sons. 



304 Technical Specifications 

As such specifications are often well known and widely published, 
it is seldom necessary to embody them in detail in the specifications 
prepared by the engineer, but they may be made a part of such specifi- 
cation by distinct references. 

Such specifications are : 

Specifications for Portland cement, adopted by the American So- 
ciety of Civil Engineers. 

Specifications for underwriters' fire hose, adopted by the Associ- 
ated Factor}' ]\Iutual Fire Insurance Companies. 

Specifications for structural steel, as adopted by the Steel Manu- 
facturers' Association. 

Other references to similar specifications will be found in the 
Bibliography at the end of this volume under the heading of Standard 
Specifications. 

With the development of the arts and the experience of time, these 
specifications are changed, and in referring to them the date of the 
adoption of the specifications should always be given. Such specifi- 
cations may be introduced into the contract by a reference as follows : 

"The material or work to be furnished under this contract shall be in 
strict accordance with the specifications for Structural Steel, adopted by the 

Steel Manufacturers' Association of (date), and which 

are hereby made a part hereof." 

LITERATURE 

Copying Specifications. Objections to the practice. Editorial. Eng. 
Rec. Vol. 65, p. 477. 

Influence of Specifications on Commercial Products. Abstract annual 
presidential address to American Soc. Test. Mat. 1904. Dr. C. B. Dudley. 
Eng. News, Vol. 51, p. 502. 

Needed Improvements in the Art of Testing Materials. The Outlook for 
uniform International specifications for materials. Abstract from address be- 
fore Am. Soc. Test. Mat. June 27, 1911. Henry M. Howe. Eng, News. Vol. 66, 
p. 53, and Eng. Rec. Vol. 64, p. 14. 

Specifying by Reference to Standards. Discussion of advantages and 
disadvantages of such practice. Editorial. Eng. News, Vol. 53, p. 554. 

Concerning Bridge Steel and Ship Steel. Discussion giving the advan- 
tages of unification of specifications for steel for similar purposes. Editorial. 
Eng. News, Vol. 57, p. 622. 

Railway Construction. Need of uniform specifications. Eng. News, Vol, 
49, p. 501, 



CHAPTER XVII 

SPECIFICATIONS FOR FUNDAMENTAL MATERIAL AND 

SUPPLIES 

§ 179. Fundamental Elements of Specifications. — Fundamental 
materials and processes are first introduced in the discussion of spe- 
cifications not on account of their simplicity but because engineering 
or architectural work is made up of a series of such elements, and 
proper specifications of fundamental materials, supplies and processes, 
united together in a complete and consistent whole, will constitute a 
correct description of the technical requirements. 

There are in fact no specifications more difficult to prepare than 
those for fundamental materials and processes. Their accurate prep- 
aration necessitates a complete and definite knowledge of elementary 
details not commonly possessed by any except those who have given 
the subject extensive study. As the various materials and processes 
are so numerous, a detailed knowledge of practicable limitations 
and the extent to which their qualifications should be modified and 
controlled in a specification is not the common knowledge of the engi- 
neer. 

Frequently such knowledge is not generally available and the im- 
portance of the material is not sufficient to warrant the expense of a 
sufficient investigation or of suitable tests and experiments to form the 
basis of a sound specification in which the composition, method of 
manufacture or specific test requirements can be intelligently and spe- 
cifically set forth. This is particularly true of new materials, proprie- 
tary articles and various supplies. 

§ 180. Practical Limitations of Specifications. — The possibility 
of an intelligent specification depends on the existence of a certain 
amount of definite knowledge which can be clearly outlined, covering 
the composition or character of material, the methods of construction 
or manufacture, or certain test results which are to be obtained and 
which will actually indicate the character of the material. In the 
early development of any material, machine, structure or process an 
attempt is made to accomplish certain results in a certain way. The 
attempt is a failure and is abandoned, or it meets with greater or less 
success in accomplishing the object sought. In the latter case, various 
troubles arise as time passes ; early success may be followed by partial 



306 Specifications for Materials 

failure with other and more severe conditions, and such failures may 
or may not be obviated by changes in composition, methods of manu- 
facture or design. The development may be successful under certain 
tonditions and a failure under others. In each case a knowledge of 
the limits of application and composition become gradually known and 
appreciated. The designer, manufacturer or producer acquires a cer- 
tain knowledge of the development and of the effect of variations in 
its composition or design on its utility under various circumstances, 
and such knowledge is not usually available to the purchaser or con- 
sumer except when the development has been extensively applied, and 
then only after a wide and comprehensive inquiry. The purchaser 
frequently acquires a very definite knowledge of the application of a 
material to his particular requirements, and especially the effects of 
time and use on its ultimate success. 

The producer, if his product is reasonably successful, desiring to 
introduce it for the broadest application while bettering his products 
as the demands require, is not likely to give the purchaser any further 
knowledge of the contingencies involved than his own interests war- 
rant. He is unwise if he permits the product to be used where failure 
will inevitably result, for such failure will prejudice its future use; 
but he must run certain chances of failure in order to extend the use of 
the products to new and untried fields. 

The purchaser secures the product which from his investigation 
seems most likely to give the results he desires ; he endeavors by in- 
vestigation, by preparing specifications and by requiring guarantees 
and tests, to protect his interests. These he must limit in accordance 
wnth the necessities of the case and the expense involved. He must 
assume certain risks or stand the expense of assured results which 
would frequently lead to great difficulty and unwarranted expense, es- 
pecially in a new product. Gradually the use of a product becomes 
more and more extended, other similar products arise and purchasers 
increase in number. The application of the product is widely dis- 
cussed, the difficulties in its use become known, the effects of design, 
of composition and of method of manufacture become appreciated. 
Under these conditions the product can be more or less controlled by 
specifications, for certain definite and fundamental knowledge becomes 
available to all on suitable inquiry. The product may become stand- 
ardized in its common application, and by reference to such standards 
easily limited by purchasers with normal intelligence and having even, 
relatively slight knowledge and experience. 



Limitations of Specifications 307 

In the incept'on of the development no standards are possible ; a 
certain risk is necessary if the product is to be used and such risk is 
common both to the producer and purchaser, and must be divided in 
such equitable manner as the circumstances require. 

The producer desires to place his product on the market and to 
make it an ultimate success. His experience and his finances may per- 
mit of his warranty, and his reputation and responsibility may make 
such warranty acceptable to the purchaser. The warranty involves 
expense, replacements are necessary and damages may be involved, 
but finally experience is acquired, success more or less definite is es- 
tablished, the guarantees can be more and more limited or may become 
entirely unnecessary, for the product has become standard and its use 
within certain limits recognized as a practical success. 

It is evident that detailed specifications should be limited to those 
materials and supplies in the manufacture of which the composition, 
methods of manufacture and results attained can be intelligently con- 
trolled for a useful purpose. If the composition and methods of man- 
ufacture materially affect the results which will be obtained in the use 
of the materials, limitations of both composition and methods may be 
desirable; but if a knowledge of the effect of composition and method 
is not available, a specification in which an attempt is made to control 
these factors is useless or worse. It is evident that any specification 
which will involve unnecessary inconvenience or extra expense to the 
manufacturer will be undertaken only when the amount of the ma- 
terial required and the price that can be obtained make it worth while, 
and the extra expense will be warranted only by definite and positive 
advantages to be gained. 

§ i8i. "To the Satisfaction of the Engineer." — As with every 
other subject, so in specification writing, it is much easier to deal with 
generalities in more or less vague and meaningless phrases and to 
finally limit the so-called specification by the requirement that the ma- 
terial or process shall be furnished or done to the complete satisfac- 
tion of the engineer. The engineer may not, and frequently does not 
know with just what details he will be satisfied. The matter is often 
uncertain in his own mind and he relies on the chances of his ascer- 
taining by study or through professional inspiration the limitations 
which will permit him to pass upon the matter with possible credit 
when the emergency for a necessary decision arises. The contractor, 
on his part, takes the chance on the probability that the engineer will 
be satisfied with reasonable requirements. 



308 Specifications for Materials 

Where the material or process required is only a small portion of 
the complete construction, the specifications need not be elaborate, 
and the requirement that it be "satisfactory" may be a reasonable one. 
Where, however, the material constitutes a large and important part 
of a contract, it is highly desirable and essential to good practice that 
the specifications be reasonably definite and complete, and the chem- 
ical or physical qualities or test requirements be so completely speci- 
fied as to leave no doubt in the minds of either party as to what is re- 
quired. 

§ 182. Specifications by Name Only. — The simple name of a 
material is usually quite insufficient as a basis for a bid or contract un- 
less it be accompanied by a previous inspection by a party conversant 
with the needs to which it is to be applied. 

No material is so pure, unadulterated or uniform in quality that 
its name carries with it and assures the possession of the necessary 
qualifications for the purpose for which it is to be used. Every ma- 
terial has more or less impurities besides the basic material signified 
by its name, and no alloy is sufficiently described, as to constituents, 
by the commercial name ordinarily applied to it. Iron and steel range 
widely in characteristics in accordance with the variation in the con- 
stitutional elements and the processes used in their production, and 
certain limitations and requirements must be specified whenever the 
most common and ordinary forms of these materials are not sufficient 
for the purposes to which they are to be applied. Brasses, bronzes 
and other alloys vary widely in their composition and consequent char- 
acter, and while practice frequently places a certain limit or range to 
the composition designated by a certain name, it will seldom if ever 
so closely define that composition as to render unnecessary a detailed 
specification. 

The important work of the Pennsylvania Railway testing labora- 
tory at Altoona is devoted largely to specifications for materials, and 
the amount of labor involved and time necessary for their adequate 
preparation are very great. Almost the entire activities of the Ameri- 
can Society for Testing ^Materials are devoted to the questions of 
specifications for materials. 

The uncertainties resulting from inadequate specifications are 
well illustrated by a case recently tried in an Eastern court. A com- 
pany placed an order with a steel foundry company as follows : 

"Six tray lips, pattern A — 1044. These lips are to be of vanadium cast 
steel 0.35 to 0.45 carbon annealed. Care should be taken that the metal in 
the cutting edges is solid and of the best quality." 



specifications by Name 309 

These castings when received and upon use were very unsatisfac- 
tory. Some broke within a few hours and all broke within a com- 
paratively short time under less service than some of the ordinary open 
hearth tray lips previously used. Payment for the lips was refused, 
and suit entered during the testimony developed as follows :^ 

"The superintendent of the steel foundry testified that 63/2 lbs. 
vanadium (alloy about one-third pure) was placed in each pot of 1,600 
lbs. steel, which would amount to from 0.15 per cent to 0.16 per cent 
(calculation shows 0.1354 per cent) ; that vanadium put into castings 
varies from 0.05 per cent to 0.15 per cent, sometimes higher if it is 
ordered higher; also that the amount of ferrovanadium lost in the 
melt varies a good deal with the temperature of the steel, from noth- 
ing up to one-half of one per cent. A chemist stated that he found 
the vanadium content of the castings to be 0.03 per cent and 0.04 per 
cent ; carbon content, 0.375 P^^ ^^^^ ^^^ 0.384 per cent. A metallur- 
gist stated that the addition of 6^ lbs. of ferrovanadium (33% per 
cent vanadium) to 1,600 lbs. of steel would be equivalent in round 
numbers to 0.14 per cent vanadium, and that there would be at least 
20 per cent, and possibly 30 per cent, of that lost. The result would 
be about o.io per cent vanadium remaining in the steel. iHe stated 
further that there is a recognized 'standard vanadium steel' not less 
than 0.15 per cent of vanadium, and that castings containing only 
0.03 per cent and 0.04 per cent would not be castings of 'standard 
vanadium steel,' and that the two castings in question showed numer- 
ous gas cavities and blowholes. Three other witnesses testified that 
after the castings were broken they observed numerous holes. 

"Notwithstanding the foregoing testimony as to the vanadium 
content and defects of the castings, a decision was given for the 
plaintiff." 

It is evident from the above, and from numerous other instances, 
that might be cited, that a simple name is rarely a sufficient specifica- 
tion for any fundamental element, be it material or process ; and it is 
therefore necessary to prepare a specification in which the limiting 
qualifications shall be given which will assure a material or process 
fully satisfactory for uses and purposes for which it is to be used. 

§ 183. Unsatisfactory Detailed Specifications. — The difficulties 
of preparing specifications in detail for any material is illustrated by 
the recent serious trouble with "brass" and "bronze" in connection 
with the work on the Catskill aqueduct. Iron and steel when exposed 
to moisture rapidly corrode and working parts are soon destroyed or 

' Eng. News, Vol. 74, pp. 946-7. 



310 Specifications for Materials 

rendered useless. To overcome this difficulty manufacturers of ap- 
paratus and material which are exposed to such conditions, and the en- 
gineers who use such apparatus and materials, have long sought an in- 
corrodible material of moderate price and of sufficient strength to with- 
stand these conditions. In general, alloys of copper with zinc, tin, 
nickle, aluminum, etc., in many combinations have been used for such 
purposes to a greater or less extent for many years. 

There has probably been no single piece of engineering construc- 
tion on which such large quantities of such materials have been used 
as in the Catskill aqueduct where the total has amounted to nearly three 
million pounds. This consisted of castings and forgings, the former 
ranging from small pieces to pieces of 22,000 pounds, while the forg- 
ings ranged from small bolts, to stems for valves and sluice gates in 
some cases six inches in diameter and over thirty feet in length. The 
principal specifications issued by the board of water supply and cover- 
ing this material, are as follows : 

BRONZE CASTINGS 

"All bronze castings shall be made of new metal, shall be free from ob- 
jectionable imperfections and shall conform accurately to patterns. When 
the castings are being machined, if the metal shows signs of imperfect mix- 
ing, they shall be rejected. Unless otherwise called for in the specifications, 
or upon the drawings, bronze where indicated upon the drawings shall mean 
"manganese bronze." 

MANGANESE BRONZE 

"All manganese bronze shall be equal to Spare's, Parsons' or Hyde's mang- 
anese bronze, and shall have a tensile strength of not less than 45 per cent. 
of the ultimate tensile strength and an elongation of not less than 25 per 
cent. 

BRASS RIVET ROD 

"Tensile strength of brass rivet rods shall be not less than 55,000 pounds 
per square inch. The elastic limit shall be not less than 30,000 pounds per 
square inch, and the elongation not less than 20 per cent. 

STEMS 

"The main gate stem shall be of manganese bronze, or other bronze of 
approved composition, of such dimensions that when placed in tension under 
a load in pounds equal to the area of the valve opening in square inches mul- 
tiplied by 125, the minimum cross-section of the stem shall have a resultant 
unit stress not exceeding two-thirds the elastic limit of the material used. 
These stems shall be turned straight and true and shall have all threads lathe- 
cut. 



Unsatisfactory Specifications 311 

ROLLED BRONZE 

"Whenever the term "bronze" is used in these specifications in a general 
way, or on the drawings, without qualifications, it shall mean manganese or 
vanadium bronze, or monel metal. Whenever the characteristics of any ma- 
terial are not particularly specified, such material shall be used as is custo- 
mary in first-class work of the nature for which the material is employed. 

"The minimum physical properties of bronze shall, except as otherwise 
specified, be as follows: 

CASTINGS 

Ultimate tensile strength 65,000 lb. per sq. ;in. 

Yield point 32,000 lb. per sq. in. 

Elongation 25 per cent. 

ROLLED MATERIAL 

Ultimate strength 72,000 lb. per sq. in. 

Yield point 36,000 lb. per sq. in. 

Elongation 28 per cent. 

ROLLED MATERIAL, THICKNESS ABOVE ONE INCH 

Ultimate strength 70,000 lb. per sq. in. 

Yield point 35,000 lb. per sq. in. 

Elongation 28 per cent. 

"After being forged into a bar, rolled or forged bronze shall stand, first 
hammering hot to a fine point; second, bending cold through an angle of 120 
degrees to a radius equal to the thickness of the bar." 

While some trouble was experienced with bronze pipes the prin- 
cipal difficulties were due to defects in large plates and in bolts, rods, 
side bars and ladder rungs. Many of these defects developed prior to 
installation where the material had been in storage for a considerable 
time. These defects consisted of cracks, sometimes very fine and only 
superficial while others were open and penetrated deeply into the ma- 
terial. In some cases such defects did not develop for two or three 
years after the material had been received and after the tests had indi- 
cated that the material was entirely satisfactory. Even the use of hot 
rolled rods and of thoroughly annealed cold rolled material supposedly 
free from initial stresses was not universally successful. 

"The trouble with brass or bronze experienced on the Catskill 
aqueduct may be classified as follows : 

"First : Break from stresses — 

a. Initial stresses due to methods of manufacture of the fab- 

rication. 

b. Applied stresses due to use. 

"Second : Damage by wrong heat treatment as in forging, bending, 
flanging, upsetting and annealing. * * * 



312 Specifications for Materials 

"Seemingly both makers and users have misinterpreted the results 
of the usual standard laboratory test from lack of knowledge of char- 
acteristics of the copper alloys not revealed by tests. * * t? 

"As these investigations have proceeded, it has become evident 
that the engineers' present necessity is not merely an explanation of 
certain failures of brass but a fundamental knowledge of the physical 
characters and capacities of this group of alloys, knowledge which will 
be a safe and dependable guide in their manufacture and use."^ 

The difficulty on the Catskill aqueduct has raised the question not 
only of proper specifications for the material but of the responsibility 
of the contractors who have furnished the same. Neither of these 
questions has been settled at this date. 

In addition to the specifications above given, the contract further 
stipulates that : 

"Inspection of the work shall not relieve the contractor of any of his ob- 
ligations to fulfill his contract as herein prescribed, and defective work shall 
be made good and unsuitable materials may be rejected notwithstanding that 
such work and materials have been previously overlooked by the engineer and 
accepted or estimated for payment. If the work or any part thereof shall be 
found defective before the final acceptance of the whole work, the contractor 
shall forthwith make good such defects in a manner satisfactory to the en- 
gineer." 

The specifications also state that : 

"He shall complete the entire work to the satisfaction of the board and 
in accordance with the specifications;" 

also 

"all the work, labor and material to be done and furnished under this con- 
tract shall be done and furnished strictly pursuant to and in conformity with 
the attached specifications and the directions of the engineer." 

To what extent the contractors should and can be held liable under 
their contract for defective materials furnished which were carefully 
inspected, tested and accepted and in which defects were developed so 
long after their manufacture and acceptance, is a serious and impor- 
tant question and involves in th's instance a liability for a very large 
expense which must be sustained either by the city or by the contractor. 

Difficulties with similar materials have been experienced in connec- 
tion with the iMinneapolis filter plant, the work on the Panama Canal, 
, and in the U. S. Navy. It is quite possible that many of the difficulties 
which have occurred in the use of this material have been due to com- 
mercial competition rather than to the lack of knowledge and experi- 



- Brass in Engineering Construction by A. D. Flinn, Deputy Chief Engi- 
neer, Board of Water Supplies, City of New York. Proceedings of the Mu- 
nicipal Engineers of the City of New York. 



Correct Specifications 313 

ence among manufacturers, and it is probable that the best manufac- 
turers shouM be ready at suitable prices to fabricate these materials to 
meet all reasonable requirements and to give suitable guarantees to this 
effect. It is doubtful however if such results can be obtained in open 
competition. 

§ 184. Basis of Correct Specifications. — From the discussion in 
the two previous sections it is evident that the preparation of specifica- 
tions suitable to assure proper results is often attended with great diffi- 
culties and much uncertainty, and that there is no rule universally ap- 
plicable for their preparation. In the actual preparation of specifica- 
tions much will depend on the conditions under which they are to be 
prepared. If the quantities involved are small and the function of the 
material unimportant, the preparation of an elaborate specification even 
w^hen possible is hardly desirable as materials of commercial quality 
will probably be entirely satisfactory and either the risk or cost of re- 
placement is not large and may readily be taken. As the quantities and 
importance increase, the necessity of greater care to secure correct 
specifications also increases, and the question as to how the character of 
the work or material can be controlled and the desired results secured 
becomes extremely important. 

Every material has certain physical and chemical properties among 
which may be some or all the following : 

Physical Properties. — 

Size, shape and dimension. 

Color, transparency, general appearance and appearance of 
fracture. 

Uniformity, homogenity and absence of apparent defects. 

Specific gravity or relative weight, density and porosity. 

Properties of physical combination (as alloys, etc.). 

Physical composition. 

iHardness and elasticity. 

Strength (tension, compression, torsion or impact). 

Physical conditions under manipulation or as a result of man- 
ufacture of working into form for use. (Finish, defects, 
flaws, structural stresses, etc.) 

Calorific Qualities. — 

iMelting and boiling points. 
Specific heat. 
Conductivity. 



314 Specifications for Materials 

Cubical and linear expansion. 

Heating value (fuels). 
Electrical Properties. — 

Specific resistance. 

Relative conductivity. 
Chemical Properties. — 

Atomic weight. 

Chemical composition. 

Chemical combination. 

Chemical impurities. 

Corrodibility. 
Some or all of the above properties may in some forms have an 
important effect on the quality of the material needed for the particular 
use to which it is to be applied ^ These effects however are not always 
known or appreciated although certain qualities may be very essential 
and easily determined, while others are approximately understood and 
may be correspondingly helpful in the selection. These properties may 
be determined by inspection which, however, involves judgment and ex- 
perience and will therefore dift'er in results with the individual, and 
standard tests which are far more exact when made by men of even 
limited experience but who are familiar with various physical and 
chemical manipulations on which such tests are based. The limitations 
of these qualities by specifications are useful only when the effect of 
such qualities on the value of the material for any particular case is 
known, and where such value is unknown other methods of control are 
necessary. 

In the preparation of specifications for all materials and all proc- 
esses, workmanship, manufactured articles, machines or structures, the 
control of the desired results may be effected in one or more of the fol- 
lowing ways, which are however more or less directly related, namely : 

1. By composition or properties, and manipulation or workmanship. 

2. By inspection. 

3. By tests. 

4. By guarantees. 

5. By selecting those successfully used under similar conditions. 

6. By requiring the equivalent of a selected standard. 

§ 185. Composition or Properties and Manipulation or Work- 
manship. — It is frequently the case that a specified composition of 
known material will give the results desired. For example when ce- 
ment is furnished a contractor and satisfactory sand and gravel are 
available, the specifications for concrete need include only its composi- 



Inspection 315 

tion and method of manipulation. No tests are usually admissible for 
the results of the tests will necessarily be controlled by the composi- 
tion and manipulation. In the same manner machinery bearings may 
be controlled by a requirement for certain definite alloys known to be 
satisfactory for similar service, and a certain specified grade of work- 
manship. In both cases and shape and dimensions must be fixed by 
the design. 

§ i86. Inspection. — Where considerable experience is available 
it has commonly been ascertained that a certain appearance or the pos- 
session of certain qualities which can be determined by inspection, more 
or less clearly indicate the suitability of the material for the require- 
ments of a particular use. Appearance, finish and workmanship must 
be determined in this way, in any event, although the character of finish 
and of workmanship can and should be so defined as to indicate whether 
ordinary or extraordinary requirements are demanded. 

Uniformity, homogenity and the absence of apparent defects must 
all be determined by inspection. Various building materials such as 
lumber, brick, stone, etc., not subject to great stresses, are accepted or 
rejected on inspection, the inspection defining their general character ; 
the material of the lumber and the lim'tations of its imperfections in 
accordance with commercial standards, the general character of the 
brick and the extent to which defects will be admitted, and the general 
character and size of the stone. 

In all such cases the inspector needs previous experience under the 
direction of others who are familiar with these various materials and 
their manipulation in practical construction, otherwise he may admit 
unsatisfactory workmanship and material or impose undue hardships 
on the contractor. 

§ 187. Tests. — When a detailed knowledge of the elTect of vari- 
ous qualities is available, the control of work and material by means of 
recognized standard tests is the most desirable. In such cases the cur- 
rent knowledge of these qualities and characteristics may be insuf^cient 
to permit the preparation of specifications which will result in the fur- 
nishing of satisfactory material, as in the case of the brass in the Cats- 
kill aqueduct ; but the best knowledge available will either have to l)e 
used and the risks of the results taken unless a sufficient investigation 
is made to determine the real qualifications which must be possessed by 
the material in order to render it satisfactory. Investigations of this 
kind are inexpedient unless the quantity of material is so large as to 
warrant the expense involved and the time during which the material 



316 Specifications for Materials 

is to be used is sufficiently long that suitable researches can be made. 
Such tests are constantly being made in the laboratory of the Pennsyl- 
vania Railroad Company at Altoona, Pa., and in the laboratories of 
various large manufacturing companies and of various universities. 
Usually however extended investigations are inexpedient on most en- 
gineering works. 

In general the various qualities required must be susceptible of 
some method of determination, test or measurement. Certain qualities 
for example may be determined as follows : 

Quantity by number, weight or measurement. 
Strength by tension, compression, torsion or impact tests. 
Composition by chemical or mechanical analysis. 
Duty, efficiency, heat value and power consumption by tests. 
Resistance to conductivity, as in the case of electricity, light, heat, 
etc., by specified tests. 

§ i88. Guarantees. — It is evident that a material, machine or 
structure may be properly controlled after its quantity, capacity or di- 
mensions have been satisfactorily established, by a suitable guarantee 
from the manufacturer or contractor that he will replace all or any part 
or portion of the same which may prove defective within a certain 
definite period or fails to give certain results and without othief 
definite requirement. Guarantees are not always satisfactory to the 
purchaser because they do not assure satisfaction where failures do oc- 
cur, and the delay and expenses of replacement are such that it many 
cases, that which is not fully satisfactory will be accepted rather than 
undergo the annoyance, delay and expense of having to remove work 
which has been done and again replacing it with possibly little better 
results. Guarantees to be of value must be carefully drawn and must 
cover all contingencies in such a manner as to protect fully the pur- 
chaser and yet inflict no undue hardship on the manufacturer or con- 
tractor. It is evident that guarantees which will cover a long period 
of use are difficult and expensive to secure and equally difficult to en- 
force. The manufacturer hesitates to give a guarantee for a consider- 
able period of time because of the trouble and expense which may be 
involved and because of the uncertainties as to the actual treatment of 
his material, apparatus or machine in connection with the work for 
which it is to be furnished. The cause of failure in a material or ma- 
chine which has failed after several years' use is often doubtful. 
Is the failure due to faulty material or to faulty use? The facts are 
difficult to determine and still more difficult to prove, and the manufac- 
turer naturally refuses to take the risk unless compensation for the 



Guarantees 317 

same is unduly great from the standpoint of the user. For this reason 
long time guarantees are as a rule impracticable to secure, although in 
general such guarantees will be made for a period covering the time of 
inspection tests and construction as in the Catskill aqueduct case pre- 
viously cited. Further than that it is usually inexpedient to go and the 
user must either take the risk or pay an excessive price. 

§ 189. Successful Use. — In many cases materials, machinery, 
etc., may be selected on the basis of satisfactory results of actual ex- 
perience under similar conditions of use. In such cases competition 
may be secured by including the products of several different manufac- 
turers who are known to furnish satisfactory goods. In such cases the 
letting cannot be left open to general competition on the basis of mini- 
mum price, as new or unknown goods may be proposed concerning 
which no adequate information is available. No better method for the 
selection of many articles is available than that based on long and suc- 
cessful use under a considerable range of conditions. It is important, 
however, to determine that the conditions of use are comparative and 
that the present quality of the material or article as now offered is fully 
equal to that on which the experience is available. 

§ 190. By Comparison with a Standard. — Materials, supplies 
and manufactured articles and the results of fundamental construction 
may also be controlled by comparison with standards more or less defi- 
nite and which must consist of similar articles known to be satisfactory. 
The comparison with such standards must be gaged by tests or inspec- 
tion. Take for example the hardware fittings, locks, hinges, etc., for 
the doors of a large and important building. These will seldom be 
made to design but will usually be selected from the manufacturer's 
catalog. They may vary from the simple work done by local black- 
smith to the artistic bronze production of the highest grade. Under 
the conditions of the work only certain limitations are possible. 
Hinges may be required of certain material and of certain dimensions ; 
to some extent, finish may be prescribed. Even these must be kept 
within the limits of designs actually available in order to keep the ex- 
pense within limits. The design, unless special and this is seldom prac- 
ticable, must be selected from the catalogs of manufacturers and can 
be specified only as a certain design of a certain company, or the equal 
thereof. This method is evidently unsatisfactory as it gives a great ad- 
vantage to a single manufacturer whose goods are thus directly stated 
to be satisfactory, and therefore when this method must be used, as it 
must frequently with goods similar to the hardware named above, two 



318 Specifications for Materials 

or more comparative standards from different manufacturers should be 
named, if practicable. 

In general when the preparation of specifications for special or 
proprietary articles is contemplated, it is frequently desirable to corre- 
spond directly with several leading manufacturers and ascertain what 
specifications they will meet and what guarantees they will agree to fur- 
nish. Without such correspondence, the preparation of specifications 
with certain definite requirements and certain fixed guarantees satisfac- 
tory to the purchaser, is apt to give barren results through the refusal 
of the manufacturer to bid under the conditions named. A contract is 
the meeting of the minds of the two parties involved, and frequently 
bids can be obtained only by consultation with all parties interested. 

§ igi. Investigation of Materials. — In preparing specifications 
for materials or other fundamental elements of construction, the engi- 
neer is cautioned against the unintelligent copying of similar specifica- 
tions prepared by others for possibly quite different conditions. 

The engineer is advised when preparing such specifications to in- 
vestigate thoroughly and in detail the materials or other elements 
which are to be used, before specifications for the same are prepared. 
The investigation should include such of the following factors as may 
be pertinent : 

1. Occurrence. 

2. Properties. 

3. Use or application. 

4. Processes of manufacture. 

5. Manufacturers, dealers, etc. 

6. Methods of use. 

7. Current prices. 

8. Reference to sources of information. 
(See "Notes on Aluminum" sec. 193.) 

The engineer should also consider and determine what properties 
should be limited, and the commercial limitations which should be speci- 
fied. The limitations imposed should not exceed practicable Hmits, and 
should be only those reasonably desirable or actually essential for the 
purpose in view. Such information is often contained in the discus- 
sion of technical societies, in technical journals, in reference books and 
special treatises, and in specifications prepared for similar purposes. 
On unfamiliar subjects, such limitations should usually be determined 
from more than a single source, 



Investigation of Materials 3lQ 

Not all of the qualities or characteristics of a material are to be 
described in the specifications but only such as may so vary in the 
commercial product as to render the material unsuited for the pur- 
pose for which it is to be used. A knowledge of such limitation is 
not common to engineers but is usually possessed only by those who 
are familiar with the material in a practical way. 

The qualities of materials that have been generally adopted for 
important purposes, have commonly been determined by numerous 
tests and investigations which have been frequently described and 
discussed before the technical societies. In such cases the engineer, 
although unfamiliar with the use of such materials, can by study and 
investigation ascertain the limiting qualifications which should be 
embodied in a proper specification. 

In other cases, a material may have a more or less local character 
or may be in the process of change, and the desirable or practical 
limiting characteristics may be more difficult to determine and spe- 
cify. An investigation of the material, inquiring of those parties 
familiar with its production and use, will usually give the required 
information. 

It is in general undesirable and impracticable uniformly to re- 
quire the best of every material, for such specifications will involve 
great -and unnecessary expense. The material should have the quali- 
ties needed for the place and under the circumstances in which it is to 
be used, no greater or no less. A greater requirement involves useless 
expense ; a less requirement involves improper materials. 

After the investigation is completed, an outline should be prepared 
of the special requirements necessary for the specific uses for which 
the material or element is needed (see Sections 194 and 199), after 
which the specifications can then be prepared. 

In the preparation of such specifications, it is equally important : 

First: To include all requirements of quality or workmanship 
needed to secure the results desired, and 

Second: To omit any unnecessary requirements or restrictions, 
either of quality or workmanship, in order to avoid unnecessary ex- 
pense. 

The system, if carefully carried out, will result in the thoughtful 
consideration and preparation of specifications, which is essential for 
the best results, and will eliminate the thoughtless copying of errone- 
ous specifications. When a set of specifications has once been pre- 
pared in this way, the notes should be retained for future reference 
and can occasionally be brought up to date. It will not be necessary to 



320 Specifications for Materials 

repeat this process with each rewriting of similar specifications ; and 
after wide experience with certain materials or elements, even refer- 
ence to the notes may become unnecessary. The same system can, 
however, be used to advantage whenever the practicing engineer is 
called upon to prepare specifications for material or elements of con- 
struction, concerning which his experience is limited. 

§ 192. Conclusions of Dr. Dudley. — Dr. Chas. B. Dudley, in his 
Presidential address to the American Society for Testing Materials, at 
its annual meeting in 1903, summarizes his conclusions in regard to 

the making of specifications for materials as follows : 

1. "A specification for material should contain the fewest possible re- 
strictions, consistent with obtaining the material desired. 

2. "The service which the material is to perform, in connection with 
reasonably feasible possibilities in its manufacture, should determine the 
limitations of a specification. 

3. "All parties whose interests are affected by a specification should have 
a voice in its preparation. 

4. "The one who finally puts the wording of the specification into shape, 
should avoid making it a place to show how much he knows, as well as a 
mental attitude of favor or antagonism to any of the parties affected by it. 

5. "Excessively severe limitations in a specification are suicidal. They 
lead to constant demands for concessions, which must be made if the work 
is to be kept going, or to more or less successful efforts of evasion. Better 
a few moderate requirements rigidly enforced, than a mass of excessive 
limitations, which are difficult of enforcement, and which lead to constant 
friction and sometimes to deception. 

6. "There is no real reason why a specification should not contain 
limitations derived from any source of knowledge. If the limitations shown 
by physical test are sufficient to define the necessary qualities of the ma- 
terial, and this test is simplest and most easily made, the specifications may 
reasonably be confined to this. If a chemical analysis or a microscopic ex- 
amination, or a statement of the method of manufacture, or information 
from all four, or even other sources, are found useful or valuable in defining 
limitations, or in deciding upon the quality of material furnished, there is 
no legitimate reason why such information should not appear in the specifi- 
cations. Neither the producer nor the consumer has a right to arrogate to 
himself the exclusive right to use information from any source. 

7. "Proprietary articles and commercial products made by processes 
under the control of the manufacturer cannot, from the nature of the case, 
be made the subject of specifications. The very idea of a specification in- 
volves the existence of a mass of common knowledge in regard to any ma- 
terial, which knowledge is more or less available to both producer and con- 
sumer. If the manufacturer or producer has opportunities, which are not 
available to the consumer, of knowing how the variation of certain constitu 
ents in his product will affect that product during manufacture, so als6 
does the consumer, if he is philosophic and is a student, have opportunities 
not available to the producer, of knowing how the same variation of con- 



Conclusions of Dr. Dudley 321 

stituents in the product will affect that product in service, and it is only by 
the two working together, and combining the special knowledge which each 
has, that a really valuable specification can be made. 

8. "A complete workable specification should contain the information 
needed by all those who must necessarily use it, in obtaining the material 
desired. On railroads this may involve the purchasing agent, the manu- 
facturer, the inspector, the engineer of tests, the chemist, and those who use 
the material. A general specification may be limited to describing the prop- 
erties of the material, the method of sampling, the amount covered by one 
sample, and such descriptions of the tests as will prevent doubt or ambiguity. 

9. "Where methods of testing or analysis or inspection are well known 
and understood it is sufficient if the specification simply refers to them. 
Where new or unusual tests are required, or where different well-known 
methods give different results, it is essential to embody in the specification, 
sufficient description to prevent doubt or ambiguity. 

10. "The sample for test representing a shipment of material should 
always be taken at random by a representative of the consumer. 

11. "The amount of material represented by one sample can best be de- 
cided by the nature of the material, its importance, and its probable uni- 
formity, as affected by its method of manufacture. No universal rule can 
be given. 

12. "The purchaser has a right to assume that every bit of the material 
making up a shipment, meets the requirements of the specification, since 
that is what he contracted for and expects to pay for. It should make very 
little difference, therefore, what part of the shipment the sample comes 
from, or how it is taken. Average samples made up of a number of sub- 
samples, are only excusable when the limits of the specification are so nar- 
row that they do not cover the ordinary irregularities of good practice in 
manufacture. 

13. "Retests of material that has once failed should only be asked for 
under extraordinary conditions, and should be granted even more rarely 
than they are asked for, errors in the tests of course excepted. 

14. "Simple fairness requires that when it is desired that material once 
fairly rejected should nevertheless be used, some concession in price should 
be made. 

15. "Where commercial transactions are between honorable people, there 
is no real necessity for marking rejected material, to prevent its being of- 
fered a second time. If it has failed once, it will probably fail a second 
time, and if return freight is rigidly collected on returned shipments the 
risk of loss is greater than most shippers will care to incur. Moreover, it is 
so easy for the consumer to put an inconspicuous private mark on rejected 
material, that it is believed few will care to incur the probable loss of busi 
ness that will result from the detection of an effort to dispose of a rejected 
shipment by offering it a second time. 

16. "All specifications in actual practical daily use need revision from 
time to time, as new information is obtained, due to progress in knowledge, 
changes in methods of manufacture, and changes in the use of materials. 
jA new specification, that is one for a material which has hitherto been 



322 Specifications for Materials and Supplies 

bought on the reputation of the maimers and without any examination as to 
quality, will be fortunate if it does not require revision in from six to ten 
months, after it is first issued. 

17. "In the enforcement of specifications, it is undoubtedly a breach of 
contract legitimately leading to a rejection, if the specified tests give results 
not wholly within the limits, and this is especially true if the limits are rea- 
sonably wide. But it must be remembered that no tests give the absolute 
truth, and where the results are near, but just outside the limit, the material 
may actually be all right. It seems to us better, therefore, to allow a small 
margin from the actual published limit, equal to the probable limit of error 
in the method of testing employed, and allow for this margin in the original 
limits, when the specifications are drawn. 

18. "Many producers object to specifications on the ground that they 
are annoying and harassing, and really serve no good purpose. It is to be 
feared that the complaint is just, in the cases of many unwisely drawn 
specifications. But it should be remembered that a good reasonable specifi- 
cation, carefully worked out, as the result of the combined effort of both 
producer and consumer, and which is rigidly enforced, is the best possible 
protection which the honest manufacturer can have against unfair competi- 
tion. 

19. "Many consumers fear the effect of specifications on prices. Experi- 
ence seems to indicate that after a specification has passed what may be called 
the experimental stage, and is working smoothly, prices show a strong tend- 
ency to drop below figures prevailing before the specifications were issued. 

20. "A complete workable specification for material represents a very 
high order of work. It should combine within itself the harmonized antago- 
nistic interests of both the producer and the consumer, it should have the 
fewest possible requirements consistent with securing satisfactory material 
should be so comprehensive as to leave no chance for ambiguity or doubt, 
and above all should embody within itself the results of the latest and best 
studies of the properties of the material which it covers." 

§ 193. Example of Investigation. 

NOTES ON ALUMINUM— SYMBOL AL. 

Nature — Metal — 

Occurrence — Alumina, Al^O^, gives the characteristic qualities to Argillaceous 
rock formation of which the slates and shale are familiar examples. 

Hardness (Mohr's), 3. 
Physical Properties — 

Specific gravity — a. Cast, 2.55. 

b. Wire (conductors), 2.68. 

c. Rolled, 2.75. 

Relative specific gravity (compared with copper) wire, 0.30. 

Atomic weight, 27.1. 

Melting point, 1157° F. commercial wire. 

Melting point, 1150° F. pure aluminum. 

Specific heat mean (0 to 100° C), 0.22. 

Thermal conductivity mean (0 to 100° C), 0.48. 

Coefficient of cubical expansion (0 to 100° C), .00007. 



Example of Investigation 323 

Coefficient of linear expansion per deg. F., .0000127 wire. 
Coefficient of linear expansion per deg. C, .0000231 wire. 
Pure cast aluminum tensile strength about 18,000# /sq. in. 
Tensile strength (wire), 20,000 to 35,000#/sq. in. 

Elastic limit — one-half ultimate strength. '"'■" 

Modulus of elasticity, 7,500,000#/sq. in. 
Electrical Properties — 
Specific Resistance, 0° C. 

In microhmes per cm. cuhe, 2.6 to 3.0. 
In ohms per mil foot, 15.6 to 18.0. 
Temperature coefficient per deg. C, 0.36 per cent. 
Relative conductivity (copper = 100) ,62. 

Relative conductivity for equal size copper (soft copper = 1), .61 to .63. 
Relative weight for equal size of copper (soft copper = 1), 0.33. 
Relative weight for equal length and resistance of copper (soft copper = 1), 

0.48. 
Notes on Properties — 

Aluminum is a white malleable metal of low specific gravity. On ac- 
count of its softness, it is for many purposes alloyed with iron, copper, 
tin or zinc. Its common impurities are silicon and iron. Under ordi- 
nary conditions aluminum may be considered as quite non-corrodible. 
It is affected, however, in the oxides of some atmospheres, namely, 
near salt water or where the air contains oxides of sulphur. Hydro- 
chloric acid is the best solvent, and strong solutions of caustic alka- 
lies readily dissolve it. 
Uses — 

Aluminum has large application for electrical conductors where insu- 
lated conductors are unnecessary. The increase in cost of insulating 
the larger aluminum wire, together with the difficulty in making sol- 
dered connections, has prevented its wide use as insulated conductors. 
Owing to the greater coefficient of expansion over that of copper, the 
sag allowed in stringing aluminum wire must be greater than that 
used in copper wire lines. It is common to make aluminum transmis- 
sion lines of cable formed of aluminum wires, around a core of high 
elastic limit steel, in order to do away with the excessive sag. 
in making castings under ordinary conditions, a shrinkage of 3/16 inch 

per foot should be allowed. 
^Aluminum is very "hot short" just before solidifying in the mould. 
Alloys — Aluminum can be hardened and strengthened by a small quan- 
tity of copper. About 3% of copper doubles the tensile strength and 
increases the specific gravity from 2.67 to 2.85. Rolled bronze bars 
made up of 907r copper and lO^/c aluminum have tensile strength of 
I00,000# per square inch, elastic limit of 60,000# per square inch and 
elongation of 10%. 
Thermit Process of Welding — 

This process depends upon the affinity existing between finely divided 
aluminum and oxygen. When an intimate mixture of aluminum and 
iron oxide is ignited, the temperature raises to about 5400°, and whit^ 
hot fused iron results. The chemical reaction of this process is 
2 Al + Fe p., =-. Al p.. 4- 2 Fe. 



324 Specifications for Materials and Supplies 

Aluminum is used in steel manufacture to prevent the retention of gases 
within the steel, and thus produce a solid ingot. It also increases the 
fluidity of steel and thus tends to produce sharper castings. 

Manufactured by The Aluminum Company of America, Pittsburg, Pa. 

Current Prices — 

Cable No. — in large quantities — (Dec. 1913) Steel Core. — 144.7:^ per 

1,000 ft. 6 strands #1,327 B & S. gauge, 18 cents per lb. 
Tie wire — No. 2, in small quantities (1912), 25 cents per lb. 
Aluminum tubing — iron pipe sizes (Jan. 9, 1914): 

Ys" diameter, 58 cents per lb. 

^/4" diameter, 54 cents per lb. 

%" diameter, 48 cents per lb. 

1/4" diameter, 48 cents per lb. 

%" diameter, 46 cents per lb. 
1" diameter, 45 cents per lb. 

Price of tubing varies greatly with gauge — 
Tubing ^4" outside diam. #18 Stubs gauge, $1.09 per lb. 
Tubing 34" outside diam. #25 Stub's gauge, $2.29 per lb. 
Tubing 1" outside diam. #18 Stub's gauge, 49 cents per lb. 
Tubing 1" outside diam. #25 Stub's guage, $1.09 per lb. 

Aluminum castings (Jan., 1912) — 

Transmission line saddles, wt. 2% oz. each, 50 cents per lb. 

Transmission line saddles, wt. .6 oz. each @ 3.2 cents each, 86 cents 
per lb. 
Rolled plate (Jan., 1913) for use in clamps on transmission cable, sheared 

and bent sleeves, 1% oz. each @ 5 cents each, 45 cents. 

References. 

Am. Civil Engrs.' Pocket Book. 

Aluminum for Electrical Conductors (Handbooks of the Aluminum Co. 
af America, Pittsburg, Pa.). 

Handbook of Standard Underground Cable Co., Pittsburg, Pa. 

Inspectors' Pocket Book. Byrne. 

Coal Miner's Pocketbook, McGraw-Hill Book Co. 

Kent's Mechanical Engineers' Pocket Book. 

Year Book, American Soc. Testing Materials, 1910. 

§ 194. Outline of Specifications for Aluminum Wire. 

^Material. '^ 

Surface conditions. v 

Package sizes. ] 

Protection in handling. i 

]\Iethod of calculating weights, etc. -j 

Sizes and variations allowable. ^ 

Strength. j§ 
Electrical conductivity. 



Fundamental Materials 325 

§ 195. Specifications for Aluminum Wire. 

(After Am. Soc. Test. Materials. Year Book 1910, p. 98). 

1. The material shall be aluminum of such quality that it shall 
have the properties and characteristics here specified. 

2. The wire shall be free from all surface imperfections not con- 
sistent with the best commercial practice. 

3. Package sizes for round wire and cables shall be agreed upon 
in placing individual orders. 

4. The wire shall be protected against damage in ordinary hand- 
ling and shipping. 

5. For the purpose of calculating weights, cross sections, etc., the 
specific gravity shall be taken at 2.68. 

6. The size shall be expressed as the diameter in decimals of an 
inch. Permissible variations from the nominal diameter shall be : 

(a) For wire, .10 inches in diam. and larger, i per cent either 
way. 

(b) For wire smaller than .10 in. i mil. either way. 

7. The wire shall be drawn so that the tensile strength will not 
be less than 2o,ooo# per sq. in., the elastic limit not less than 50 per 
cent of the ultimate strength, and the percentage of reduction in area 
of 50. 

8. Electrical conductivity shall be determined upon fair sample 
by measurements of resistance, and the resistance shall not exceed 
18.0 ohms per mil. -foot at 0°C. 

§ 196. Assignment on Fundamental Material and Supplies. 

The student should select one or more of the following subjects, 
and first : Investigate the subject in considerable detail and prepare a 
report on the same. (See sec. 193) ; second: Outline the practicable 
limitations as to the qualities and such other requirements as should be 
included in a specification for the material for the use to which it is to 
be applied. (See sec. 194) ; and third: Prepare or select specifications 
which will form the basis for an intelligent bid and contract for such 
material. (See sec. 195.) 

For looking up these various subjects references are given at the 
end of the Chapter and in the Bibliography at the end of the volume. 

This list of materials is by no means complete, and other similar sub- 
jects having a local importance can often be substituted to advantage. 

So far as possible the use for which a material is suggested to be ap- 
plied is placed opposite the "kind" of material. In many cases, however, the 
various kinds of material mentioned can be applied to several or all of the 
various uses suggested. 



326 Specifications for Materials and Supplies 

It will usually be desirable to specify more definitely the exact use for 
which the material is desired. In doing this the specification should be given 
a local significance by making it apply to some local use, the conditions of 
which can be investigated and considered by the student. 

Material 
or Supplies Kind For 

Asphalt Paving, Water Proofing or Roofing 

Asbestos Wool or Cellular I 

Paper Pipe Covering 

Paper Sheets for fire protection 

Compressed Shingles 

Board Insulating Barriers or Wire Cover- 

/ ing 

Babbitt T.I:lal Machine Bearings 

Belts Cotton Leather or 

Rubber Power Transmission 

Brass Castings Machine Bearings & Valve Bodies 

Wire Spring 

Sheet Gateways Guides and Bearings 

Pipe Railing and condenser tubes 

Rods Lightning arrester horn gaps 

Brick C!ommon Building, Boiler Setting or Founda- 
tions 
Sewers, Manholes or Catchbasins 
Pace or Pressed . . Building Fronts 
Dry Pressed or Re- 
pressed Building Fronts 

Fire Boiler Setting 

Sand Lime Buildings 

Paving Street Paving 

Radial Arches in Buildings 

Enameled Interior Walls of Buildings 

Bronze Aluminum Condenser Plates 

Bolts below Tide Water 
Small Castings 

Maneanese Propeller Blades 

Phosphor Pinions Machine Bearings or Main 

Shafting 
Bolts and Nuts in Water Cylinders 

Tobin Condenser Plates or Hull Plate for 

Ships 
I Shafting for Ships or Deck Fittings 
f Bolts 
Brush Willow *• Mattresses, and other river revet- 
ment \vork 

Carborundum . . . Abrasive Emery Wheels or Emery Powder 

Carbon Arc Lights or Batteries 

Rheostats or Commutator Brushes 

Cement, Portland Concrete or Mortar 

Coal Fuel for Heat or for Boiler 

Gas Manufacture or Producer Gas 

Clay Laying Fire Brick or Puddle 

Clay Goods Sewer Pipe For Sewers 

Drain Tile For Farm Drainage 

Terra Cotta Ornaments of Buildings 

Fire Proofing Columns in Buildings or Floors in 

Buildings 

Copper Castings Switches 

Wire Electric Transmission 

Sheet Roofs 

Pipe Stills 

Cork Friction Clutches or Heat insulation 

Life Preservers' or Carpets 

Flagstones Walks, Curbs or Gutters 

Glass Tjoiied Plate Windows 

W^ire P"'ire Proof Windows 

Common Windows or Insulators 



Fundamental Materials 327 i 

Material 
or Supplies Kind For 

Graphite Lubricant or Crucibles 

Commutator Brushes or Rheostats 

Gravel Roofing, Roads, Concrete or Filter I 

Drains 

Gas \\'ater. Coal, Pro- ' 

clucer or Natural Power, Fuel or Light | 

Gasoline Power or Fuel , | 

Hose vjotton or Rubber . Fire Protection j 

Iron Malleable Castings , ] 

Cast Castings, Pipes, Machinery | 

Corrugated Roofs or Walls \ 

Galvanized Roofs, Tanks or Towers i 

Wrought Pipes, Structural Shapes or Boiler ^ 

Plate 

Lead Castings Window Weights 

Drawn Pipe 

Pig Pipe Joints 

Sheet Lining Tanks 

Wool Pipe Joints \ 

Leather Belts, Belt Lacings or Harness 

Limestone Lime, Calcium Carbide or Buildings 

Lime Plaster or Mortar 

Linseed Oil Paint Vehicle 

Marble Buildings, Floors or Stairways ] 

Wainscoting or Switchboards 
Oil Crude Roads, Concrete or Timber Preserv- 
ation 

Fuel Locomotive or Boiler 

Light Kerosene 

Lubricant Cylinder 

Paint Vehicle Linseed 

Insulating Transformers or Oil Switches \ 

Packing Hemp Steam Valve Stems I 

Cotton Water Valve Stems i 

Rubber Pump Piston Rings j 

Composition Engine Piston Rings 

Leather Pumps 

Metal Pipe Joints 

Plaster Building outside or inside 

Pumice Stone Polishing i 

Rope Manila Power Transmission ] 

Hemp Hoisting Cable 

Wire Derrick Guys 

Red Lead Cement or Painting 

Rubber Belting, Insulation or Matting in 

Power House 
Valves or Packing 

Sand Concrete, Mortar or Filter 

Plastering or Moulding 

Sandstone Curbing or Building 

Stone Rubble Riprap, Concrete 

I Backing for masonry or Foundations, 
light buildings 

Squared Sidewalks, Gutters or Curbing ' 

Street Paving or Bridge Masonry 
Foundations — heavy buildings 

Cut Stone Building Walls 

Rough Pointed .... Foundations — very heavy i 

Fine Pointed Bridge Masonry ' 

Crandalled 

Cross-Crandalled . . Arch Masonry 

Tooth-axed Door Sills i 

Bush Hammered . . Steps ' 

Rubbed Aqueducts 

Slate Roofing, Floors or Blackboards 

Switchboards or Barriers 



328 Specifications for Materials and Supplies 

Material 
or Supplies Kind For 

Steel Fire Box Locomotive Fire Boxes 

Boiler Boilers 

Flange Boiler Heads 

Ship Hull Plates 

Tank Tanks 

Rivet Rivets 

Nickel Solid and Hollow Forgings for 

heavy shaftings 

Structural Bridge or Roofs 

Rails Railroads 

Reinforcing Bars . . Concrete Work 

Pipe Steam Pipes 

Castings Gears 

Timber Douglas Fir Bridge Timbers or Trestle 

Southern Pine Cribs 

Hemlock Sheeting 

Oak Fence Posts or Railroad Ties 

Cedar Transmission Poles or Paving 

Blocks 

Tamarack Piles 

White Pine Inside Finishing 

Maple Flooring 

Frames, Joists, Rafters or Studding 
Sheeting or Shingles 
'/ "' Tl^ Clapboards or Shiplap 

Tile Vitrified Roofing 

Fire Proof Walls 

Book Roof 

Floors or Building Blocks 
Chimney Blocks or Chimney Tile 

Glazed Ornamental 

Tin Plate Roofing 

Turpentine Paint and Varnish Solvent 

Wire Hard Drawn Cop- 
per Electric Distribution 

Soft Drawn Cooper Interior Electric Wiring 

Insulated 

Weather Proof .... 
C o p p e r Covered 

Steel Ground Wire 

Iron Telephone 

Steel Telegraph 

Barbed Fences 

Meshed Reinforcing Mesh for Concrete or 

Fences 

"Wrought Iron Structural, Pipes or Boiler Plate 

Zinc Sheet Lining Tanks 

BIBLIOGRAPHY OF MATERIALS. 

See "Engineering Index" and files of various teclmical societies listed 
therein. See also: 

Mechanical Engineer's Pocketbook — Kent. John Wiley & Sons. 

American Civil Engineer's Pocketboo'k. John Wiley & Sons. 

Civil Engineer's Pocket Book — Frye. D. Van Nostrand Co. 

Inspector's iPocket Book — Byrne. John Wiley & Sons. 

Architect's and Builder's Pocket Book — Kidder. John Wiley & Sons. 

Civil Engineer's Pocket Book — Trautwine. John Wiley & Sons. 

Johnson's Materials of Consrtuction, Fifth Edition Rewritten — Withey 
and Aston. John Wiley & Sons. 

Notes on Building Construction, Part III. Materials. Riverton's. London, 
1889. 



Bibliography of Materials 329 

Building Construction and Superintendence — F. E. Kidder. Wm. F. Corn- 
stock & Co., New York. ' 

Materials of Engineering (in 3 parts) — Prof. Robt. H. Thurston. John 
Wiley & Sons. 

Strength of Materials — H. E. Murdock. John Wiley & Sons. ' 

Materials of Construction — Prof. G. B. Upton. John Wiley & Sons. 

Materials of Engineering — Prof. Wm. H. Burr. John Wiley & Sons. 

Materials of Construction — A. P. Mills. John Wiley & Sons. 

The Principal Species of Wood— C. H. Snow. John Wiley & Sons, 1903. 

Mechanical .Properties of Wood — S. J. Record. John Wiley & Sons, 1915. j 

Report on Compressive Strength, Specific Gravity, and Ratio of Absorp- \ 

tion of Building Stones in United States to Chief of Engineers, U. S. Army. : 

By Q. A. Gilmore. D. Van Nostrand Co., 1876. '■ 

Treatise on Masonry Construction — Prof. I. O. Baker. John Wiley & ; 

Sons. 

Masonry — M. A. Howe. John Wiley & Sons, 1915. 

Stones for Building and Decoration — Geo. P. Merrill. John Wiley & Sons, 
1891. I 

Government and State Geological Survey Bulletins on Clays, Building 
Stones, etc. \ 

Steel, A Manual for Steel Users — Wm. Metcalf. John Wiley & Sons, 1896. i 

Cast Iron, A Record of Original Research — Wm. J. Keep. John Wiley & \ 

Sons, 1903. 

Reports of Tests of Metals and Other Materials for Industrial Purposes. 
U. S. Testing Machine at Watertown Arsenal, Mass. I 

Materials of Machines — A. W. Smith. John Wiley & Sons, 1915. 



CHAPTER XVIII 

SPECIFICATIONS FOR FUNDAMENTAL PROCESSES 

§ 197. Fundamental Processes. — The fundamental processes of 
construction work should be investigated in very much the same 
manner as materials and supplies. The preparation of specifica- 
tions for these processes if carried into detail is even more difficult 
than those for materials. In both materials and processes, improve- 
ments are constantly being made, and the methods employed are 
constantly undergoing changes and improvements. As a general 
rule, it is unwise to specify methods in detail, as results are the end 
desired and the detailed methods to be pursued should be designated 
only to the extent necessary to secure the results desired. If the 
methods to be pursued are fully spec"fied, the contractor becomes a 
''servant" and not an "independent contractor," and the principals 
may become liable for casualties which may occur and unsatisfac- 
tory results which may obtain on account of improper methods of 
procedure. As a general rule, the contractor should be left reason- 
ably free to pursue those methods which his experience dictates, 
for it is largely on account of this experience that his services are 
secured. He should, however, be required to do those things or use 
those processes which are clearly known to be essential to secure 
proper results. Ordinarily the specifications for an engineering proc- 
ess should include : 

I. A general description of the work to be done. 
II. Reference to plans, profiles, etc., provided. 

III. The material to be used. (^Materials covered by another 

specification.) 

IV. The operations included. 
V. Precautions to be taken. 

VI. The results to be obtained. 

§ 198. Earthwork and Rock Work. — Among the processes most 
common in engineering works is the excavation or construction of 
earth and rock works. Such works have many features in com- 
mon, while other features may be special and peculiar to a particu- 
lar work. For the purpose of the general study of specifications, all 
such works can be analyzed together. In using the analysis for the 
preparation of specifications, all specifications not applicable to the 



Earthwork and Rockwork 331 

case in hand should, of course, be omitted. In the same way it 
must be remembered that besides the headings given in the analy- 
sis, there are various other items in regard to the general character 
of the work, contingencies, delays, the hazards of construction, the 
furnishing of tools, plant, etc., which are usually included in the 
general form of agreement, but which may be included in the spec- 
ification, if desired. In addition to these there may be special fea- 
tures which demand special treatment. While an attempt has been 
made to make the analytical form given as complete as practicable, 
it is offered simply as a basis or a general model for a special form 
to be prepared by the engineer for any special work he may have on 
hand. 

§ 199. Analytical Division of Earth and Rock Work Specifica- 
tions. 

I. 



General Description 


A. 


Description. 




B. 


Location. 




C. 


Dimensions. 




D. 


Form. 




E. 


Grade. 




F. 


Divisions of 


work 



TI. Material: 

A. General character, borings, soundings, etc. 

B. Classification. 

C. Quality of material to be used (in fills). 

D. Quantities. 

E. Measurements and estimates. 

F. Shrinkage (in fills). 

G. Extra excavation. 

H. Extra material and borrow pits for fills. 
III. Operations: 

A. Beginning work. / 

B. Grades and lines. 

C. Clearing, grubbing and wrecking. 

D. Breaking surface or mucking. 

E. Changes in roads, railroads, etc. 

E. Consolidation, rolling, tamping and puddling. 

G. Limits of work. 

H. Bracing, shoring, and protection of work. 

/. Protection of public, care and maintenance of traffic. 



332 Specifications for Processes 

/. Obstructions. 
K. Pumping and draining. 
L. System of excavation. 
M. Filling (methods of work). 
A^ Drilling, channeling, blasting and quarrying. 
O. Disposal of material. 
P. Overhaul. 

Q. Leveling, grading and dressing. 
R. Sodding and seeding. 
vS. Continuous prosecution of work. 
T. Maintenance. 

§ 200. General Description. — Under this title are included vari- 
ous data descriptive of work which may be subdivided into (A) De- 
scription, (B) Location, (C) Dimensions, (D) Form, (E) Grade, and 
(F) Division of work. 

Where the earth work is a part of other work, the location is 
usually sufficiently well described in the general description of the 
entire work ; otherwise a special description may be desirable. 

In minor works the description may include, in a single para- 
graph, all necessary facts in regard to location, dimension, form, 
grade, and divisions of work, while in important work each of these 
factors may require special treatment. The following examples 
show the common practice in writing of such specifications : 

§ 201. (A) Description, and (B) Location. 

a. For Channel or Ditch. — "A channel having side slopes of two feet hori- 
zontal to one foot vertical, and a width of twelve feet at the bottom, shall 
be constructed on the grade shown on the profile from the outlet of Williams 
Pond to the Bear River on the general line shown on the map." 

h. Trenches for Pipe Sewers. — "All sewers shall be located on the lines 
shown on the map. The trenches shall be excavated to a depth sufficient to 
place the flow line of the pipe on the grade shown on the profile, and of 
such a width that they shall be, at the center of the sewer, one foot wider 
than the greatest horizontal diameter of the pipe to be laid therein. The 
bottom of the trench shall be excavated as nearly as practicable to the form 
and size of the lower half of said pipe. Suitable excavations shall be made 
to fit all junctions or other specials wherever needed." 

c. Trench for Water Pipe. — "1. Line and Grade: The trenches for the 
pipe shall be opened in accordance with the lines and grades given by the 
engineer. The pipe lines shall be laid uniformly twenty-two (22) feet from 
the northerly sides of the various streets and avenues. The right, however, 
to depart from this general rule is reserved by the first party." 

"2 Size of Trench: Said trenches shall be one foot wider than the 
greatest exterior diameter of the pipe to be laid therein." 



Earthwork and Rockwork 333 

c. Bell Holes: At all points the trench shall be widened and deepened 
sufficiently to admit of free access for calking all around said pipe, and so 
that the bell of the pipe shall have no bearing on the bottom of the trenches. 
Such enlargement of the trench shall be made before the pipe is lowered 
into it." 

d. Excavation for Bridge Substructures: "The excavation for all piers 
or abutments shall be to such a depth as shall permit the bottom of the 
grillage, if grillage be used, or the bottom of the masonry footings, if no 
grillage be used, to be placed at an elevation about ninety (90) feet above 
city datum (to which reference plane all elevations on the drawings and in 
specifications for this work are referred). The engineer shall determine 
the exact elevation of the foundation of each structure. The excavation 
shall be of the size and dimensions directed by the engineer." 

e. Excavation for Masonry Foundations: "The excavation will be of 
the form, dimensions and depth shown on the drawings, or to such addi- 
tional depth as the nature of the material may require." 

/. Street Grading: "All streets and avenues on which pavements are to 
be laid, including roadway, parking sidewalk intersection and all street and 
alley approaches shall be graded to the lines and cross sections shown on 
the profiles and sections of the same." 

g. Railroad Grading: "Under this head shall be included all excavations 
and embankments for the construction of the roadbed for both main and 
side tracks, for all station grounds and switch yards, and including also the 
excavations for all drains and ditches in connection with the road, and the 
excavations for the foundations of all bridges, culverts, cattle guards, and 
all earth work necessary for the change and reconstruction of public or 
private roads and crossings, or for the changing of water-courses and for all 
other earthworks incident to the construction of said railroad." 

h. Chicago Drainage Canal: ''Location: "The work covered by and in- 
cluded in these specifications in the excavation of that part of the main drain- 
age channel, and the building of certain collateral works for the sanitary 
district of Chicago located between the Willow Springs Road in Section 32 
of Township 38 North, Range 12 East of the Third Principal Meridian, in 
Cook County, Illinois, and the middle of Section 14, near Lockport in Town- 
ship 36 North, Range 10 East of the Third Principal Meridian, in Will 
County, Illinois, beginning below but near the said Willow Springs road, the 
said part of the said main drainage channel follows the Desplaines river 
valley, being located north and west of the Illinois and Michigan canal, 
approximately as shown on the accompanying plans, marked "2 a," and as 
shall be located by the engineer, and described as follows: 

" 'The line of said channel shall begin at Willow Springs road and shall 
continue in a direction parallel to and 460 feet from the river bank of the 
canal above Willow Springs, joining by an easy curve a line parallel to and 
460 feet from the canal bank in the straight reach above Sag, thence by an 
easy curve in a straight course to the county line and parallel to and 730 
feet from the bank of the canal in the straight reach at and above Lemont; 
thence by an easy and continuous curve to a straight course parallel to and 



334 • Specifications for Processes 

460 feet from the canal banl?; in the straight reach at and below Romeo, said 
course terminating at or near the middle of Section 14, of Lockport Town- 
ship; the course opposite Lemont to be subject to a change of 200 feet if 
found desirable, said course throughout being so located as to facilitate the 
spoiling of the waste material from the channel on either side. The total 
approximate length is 74,000 feet or 14 miles'" (San. Dist. of Chicago.) 

i. Emhankment: "The embankments shall be 30 feet in width at the 
top, and shall have a slope of two (2) feet horizontal to one (1) vertical, or 
such other slope and such cross section as the engineer may determine for 
any particular case," 

j. Em'banTcment'. "In embankment, the sides shall be neatly and uni- 
formly dressed to a slope of two and one-half (2 1-2) horizontal to one (1) 
vertical, or such other slope as the • engineer may direct in any particular 
case." 

§ 202. (C) Dimensions, (D) Form, and (E) Grade. 

a. Dimensions of^ Cross Sections: "The bottom of the finished channel 
shall have a width of 160 feet in the clear; where the channel is in rock, the 
sides of said channel shall be kept vertical, except as to necessary offsets 
occasioned by the use of the dredging machine. 

"The sides of the rock channel are to be worked out with a channeling 
machine from top to bottom, the channels being cut ahead of the blasting. In 
doing this the bottom of each cut of the machine is to be made to a uni- 
form level above the grade, and each succeeding one offset six inches from 
the one just preceding. The contractor will be allowed to work the rock in 
one or more stopes, at his option, so far as concerns the main portion of 
the width of the channel, but in case he elects to work the face in stopes 
having a greater height than the reach of the channeling machine in depth, 
then the blast holes are to be so disposed as to effectually prevent any blast 
from breaking or shattering the rock beyond the sides of the prism of the 
channel, which are to be left as smooth and solid as can be obtained with a 
skillful and proper use of a channeling machine. 

"In determining the width of the channel at the top of the rock, the 
necessary offsets made by the operation of the machine are to be allowed 
for. Provided, that where the depth of the rock does not exceed sixteen feet 
there shall be but one reach or cut of the channeling machine made, and 
that when its depth is over sixteen feet, and not greater than twenty-four 
feet, there shall be two cuts made; and that nowhere is there to be more 
than three cuts made for the whole depth of the rock excavation. 

Where the channel is partly in earth and partly in rock, the earth 
shall be so excavated as to leave a berm on top of the rock equal to three- 
eighths (3-8) of the depth of the rock surface below a level 5 feet above 
datum; provided that the berm shall be in no event less than 5 feet; and 
provided, further, that where the section in entirely in earth the additional 
width at bottom shall conform to the above rule; and provided also, that at 
the level of 5 feet above datum the berm shall not be less than 10 feet, with 
a slope toward the channel of one-half foot. In all cases the earth shall be 
taken out with the least slope which is to be found can be safely maintained 



Earthwork and Rockwork 335 

until the retaining walls are built, and as may be directed by the engineer 
from time to time." (Spec. San. Dist. of Chicago.) 

&. Grade: "The grade line of the bottom of said main channel at the 
station designated 740 shall be at an elevation of 24 feet below datum 
established by the Illinois and Michigan canal trustees in 1847, and shall 
slope thence uniformly at the rate of 0.08 of a foot vertical to 1,000 feet 
horizontal to the end of the standard excavation at station 1480, where it 
shall have an elevation of 29.92 feet below datum. 

"The sanitary district reserves the right to change said grade by raising 
or lowering it, or by increasing or decreasing the slope, thereby increasing 
or decreasing the amount of excavation; provided, that said change shall in 
nowise affect the terms of this contract as to price, or entitle the said con- 
tractor to any compensation additional to the rate fixed by this contract, or 
render the sanitary district liable for any damages, whatsoever, direct or 
indirect. Provided, further, that the said change shall in no place affect the 
grade by an amount exceeding four feet; and that the sanitary district shall 
notify the said contractor of any such change before any portion of said 
channel shall have been finished in conformity to the grade as hereinbefore 
specified." (Spec. San. Dist. of Chicago). 

§ 203. (F) Divisions. — In contract work of large magnitude, it 
is frequently desirable for purposes of letting the work, to divide it 
into a larger or smaller number of divisions, reserving the right to 
let the contracts for such divisions to one or more contractors as 
the party letting the work may elect. 

a. "Sections for the purpose of eventually designating different portions 
of the v/ork and of dividing it into contracts, the said part of the main 
drainage channels shall be divided into 14 sections as follows: 

"Section 1, extending from the station designated 740 to the station 
designated 800, 

"Section 2, extending from the station designated 800 to the station 
designated 850. 

"Section 3, extending from the station designated 850 to the station 
designated 900, etc., etc. 

"Section 1, 2, 7, 8, 9 and 10 involves certain changes in the river chan- 
nel opposite. 

Section 9 involves a possible re-location of the Illinois and Michigan 
canal, and 

Sections 8 to 14 inclusive may require railway changes. 

The sanitary district reserves the right to make all river, canal and 
railway changes independent of the main work." (Spec. San. Dist. of Chi- 
cago.) 

§ 204. Materials. — Specifications for materials should include a 
description of : 

A. Their (jcncral character and the available information cou'-xm- 
ing the same. 



33d Specifications for Processes 

B. Their classification, or the kinds of material to be moved, with 
exact definitions of the character of each class, for which a different 
price may or will be paid. 

C. The qualify of material, which may be used in different parts 
of the w^ork or for different purposes (as for fills, backing filling, etc.) . 

D. The quantities, including exact or approximate estimates of the 
amount of the material or of different materials to be moved. 

E. The method of nicasurenicnts, or the basis on which estimates 
will be made and the work paid for. 

F. The shrinkage or increase in volume which will be involved in 
the handling of the material, to the extent that such change in vol- 
ume influences the construction or cost of the work. 

G. Extra excavation, or the material that will be paid for at an 
extra price either in excess of the common price or aside from a 
fixed sum that may be made for the major part of the work. 

H. Extra material and borron' pits, or the sources apart from the 
location of the work at which material can or must be secured. 

]\Iuch care is necessary in designating the meaning of words used 
in the description of materials, especially when any classification is 
allowed or when any expense is involved by their occurrence. 

As pointed out in section 122, of chapter XI. the lowest proposals 
from intelligent contractors can be secured only by removing so far as 
practicable all doubts in regard to the nature of the work to be done 
and the consequent expense to be incurred. 

Various earth and rock materials to be excavated resist the 
work of removal in a manner varying greatly with their character and 
physical condition. Materials like clear sand and mud oft'er little resist- 
ance, while other materials like rock, cement, gravel and indurated 
deposits of all kinds offer strong resistance. 

§ 205. (A) General Character. — The nomenclature used to des- 
ignate these materials has not been standardized and varies greatly with 
diff'erent engineers. Prelini ^ subdivides these deposits into "very loose 
soils," 'Moose soils," "friable soils," "soft rock," "ordinary rock," and 
"hard rock." 

Gillette - classifies earth excavation into ( i ) "easy earth." in which 
he includes loam, sand and ord'nary gravel ; (2) "average earth," in- 
cluding sands and gravels impregnated with clay or loam where a pick 

1 See "Earth and Rock Excavations," p. 42. 

-See "Handbook of Cost Data," second edition, p. 120. 



Character of Materials 337 

or plow drawn by two horses is necessary for loosening before shovel- 
ing, and (3) "tough earth," in which he includes compact clays, the hard 
crusts of old roads and all earths so hard that one team of horses can 
pull and plow only with great difficulty but which two teams of horses 
can loosen with comparative ease. He adds, "this third class of earth 
passes by insensible degrees into what is called 'hard pan,' " which he 
defines as including very compact clay or a mixture of gravel or bould- 
ers with clay, and "sometimes soft shales that can be plowed with a 
rooter plow." Certain cemented gravels are sometimes called hard- 
pan. 

The earth and soils have also local names, for example "adobe," 
a term used in the southwestern portion of the United States to de- 
note any clay of which sun dried brick or "adobes" can be made. 
"Gumbo" is used in the Mississippi valley to denote a black loam mixed 
with clay, exceedingly sticky when wet, and often very hard and tough 
when dry. "Marl" is technically a mixture of clay and lime, but is 
often employed to designate clay soils with only a small amount of 
lime, and sometimes disintegrating materials with a soapy texture. 
The term "quicksand" is usually applied to any sand or sandy material 
which flows readily when saturated with water. 

Earthy materials are sometimes classified and described as follows : 

1. "Loose earth" which may include those earths having little co- 
hesion and offering little or no resistance to separation from the re- 
mainder of the deposit. 

2. "Common earth," which may include those having some cohe- 
sion and may require the use of a spade for removal. 

3. "Tough earth," w^hich may require before removal the use of the 
pick to break it up. These include stiff clay, disintegrating rock and 
slightly cemented sands and gravel. 

Rock materials may also be divided into three classes, on the basis 
of the resistance offered to removal, namely: 

4. "Soft rock," which is easily removed by bars and wedges, such 
as loosely laminated slates and sand stones. 

5. "Ordinary rock," which can be removed by bars and sledges, 
such as sand stones, etc. 

6. "Hard rock," which must be blasted. 

The soft and ordinary rocks may often be more profitably moved 
by the use of explosives. 

Very often the term "loose rock" is used for rock which is un- 
cemented and is loosened from its bed and can readily be moved. The 



338 Specifications for Processes 

term is usually confined by definition to pieces of a limited size, often 
not exceeding three cubic feet in contents. 

The term "bedrock" refers to rock in the natural bed, and it may 
possess various degrees of hardness. 

Occasionally deposits are described by their geological names, al- 
though such description gives little information concerning their exact 
character, as the same geological deposits will vary widely in texture 
and condition at various places. 

Examples: 

a. Excavation and Bridge Al)utm,ents: "The material excavated will be 
earth, sand, gravel and fragmentary material of various kinds and shall 
be estimated by the actual cubic contents of the excavation as laid out by the 
engineer, and shall be paid for at the price per cubic yard bid for such ex- 
cavation. The material shall be refilled around the completed abutments, 
and shall be replaced in layers and thoroughly tamped and any surplus ma- 
terial shall be removed by the contractor and wasted by him at such place or 
places as the engineer may direct, not more than five hundred feet from the 
excavator, the cost of all of which shall be included in the price bid for ex- 
cavation." 

b. Borings and Soundings: "The location of borings and soundings made 
along or near line of the aqueduct is shown on Sheet No. 1, which also shows 
what is regarded as the probable location of the surface of the ledge rock, but 
it is well known that the surface of any ledge may differ greatly from the 
location as shown, and that the character of the material encountered can- 
not be definitely determined by wash drill borings. There is, therefore, no 
expressed or implied agreement that the line of the surface of the ledge rock 
or the character of the material encountered by boring, as indicated upon the 
plan, is given approximately correct." (Met. Water & Sewerage Board.) 

c. Character of Material — ''General Character of Borings and Soundings: 
The character of the material through and in which the tunnel is to be con- 
structed, is indicated on the profile, and sample of material taken from the 
borings made on the line of the work at the points shown on the drawings 
may be seen at the office of the City Engineer. These borings are believed 
to be practically correct, and to represent a fair sample of the material. It 
is expressly understood, however, that the city does not guarantee the ac- 
curacy of these borings, and should the conditions be found to differ from 
those indicated by said borings, the Contractor shall have, for this reason, 
no claim against said city." 

d. Wells — Nature of excavation: From the drillings of the first artesian 
well, it is believed that the strata which lie below the surface, and which 
may be encountered in sinking the shaft, will be approximately as follows: 

"Drift (clay, sand, gravel), G7 feet in thickness. 

"Coal measure shales, 5 feet in thickness, 

"Burlington limestone, 96 feet in thickness. 

"Kinderhook group, 261 feet in thickness. 

"The general thickness and character of the strata as above given, are 
believed to be approximately correct. These conditions are, however, liable 
to variation, which variation and the resulting conditions shall be at the 



Character of Materials 339 

risk of the contractor, and said contractor shall not be entitled to any claims 
for extra compensation for any variation in said strata or in the conditions 
thereof from those above mentioned, or for additional labor, material, 
or appliances which he is obliged to furnish by reason of such variation, or 
for any unforeseen difficulties encountered in the prosecution of this con- 
tract." 

e. '[I ells — ''Approximate description of strata: It is expected that the 
strata which will be encountered in sinking this well will be similar in its 
nature to the stratification of the first artesian well drilled at Monmouth, 
which stratification was, approximately, as follows: — 

Drift 67 ft. 

Coal measure, shale 5 ft. 

Burlington limestone 9G ft. 

Kinderhook group 261 ft. 

Hamilton and corniferous 88 ft. 

Guelph and Niagara 68 ft. 

Cincinnati shales 83 ft. 

Galena limestone 290 ft. 

Trenton limestone 116 ft. 

Saint Peter sandstone 156 ft. 

Depth of first well 1,230 ft. 

"Below the St. Peter sandstone there is unknown thickness of the 
Lower Magnesian limestone, perhaps 300 to 500 feet in thickness, below 
which the potsdam sandstone deposits occur. 

"The general thickness and character of the strata as above given are 
believed to be approximately correct. They are, however, liable to varia- 
tion, which variation shall be at the risk of the contractor, and said con- 
tractor shall not be entitled to any claim for extra compensation for any 
variation in said strata from the above, or for any additional labor, material 
or appliances which he is obliged to furnish by reason of such variation, or 
from any unforeseen difficulty encountered in the prosecution of the con- 
tract." 

§ 2o6. (B) Classification. — Classification is an attempt to sub- 
divide earth and rock work into classes or kinds of material, which will 
from their nature require different methods of treatment, and conse- 
quently different expense in moving them. Where such differences ex- 
ist it is usually desirable to ask for separate proposals for each class of 
material. Classification and the opportunity of securing a proper com- 
pensation for each kind of material which will or may be encountered, 
obviates the hazard of variation in the amounts of the different kinds 
of material and guarantees that the contractor will receive payments 
on each kind in proportion to the amount that obta'ns. The difficulty 
that arises in carrying out classification lies in the difficulty of explicit 
definition of class and the difficulty of determining accurately whether a 
given material lies within one class or another. This determination 



340 



Specifications for Processes 



has led to many disputes and much htigation. Many classifications 
for such material have been used. These sometimes include : 

a. Earth and rock. 

b. Earth, loose rock, and solid rock. 

c. Earth, hardpan, loose rock, and solid rock. 

d. Loose earth, common earth, tough earth, hardpan, loose rock 
and solid rock. 

c. Solid rock, sandstone, cement, shale and earth. 

Frequently the materials embraced under such classifications grade 
almost imperceptibly one into another, and in adjusting the limits be- 
tween earth and hardpan, hardpan and rock, considerable difficulties 
frequently arise. 

Warren D. Smith, Professor of Geology at the University of 
Oregon siubmitted to Economic. Geology for March — April,) 1919, 
suggestions for a new classification of materials to be excavated. 

Professor Smith says : 

''The following classification has four main group>, and is as 
follows : 

NAME 

All granite rocks, granites, diorites, etc. 

Sandstones (siliceous cement) 

Quartzites and quartz masses 

Traps (basalt) porphyries and volcanic glasses 

Conglomerates and agglomerates 

Gneisses, Breccias 



GROUP I 

Solid and unweathered 
rocks 



All rocks of Group I badly weathered 
Sandstones (lime or iron cement) 
Limestones and marbles 
Serpentines, schists, slates and argillites 
Hardpan (glacial, etc.) 

Shales 

Rubble limestone 

Loose sandstone 

Coquina 

Marls 

Travertine 

Tuff 

Glacial till 

Silt 

Mud 

Sand 

Gravel 

Volcanic ash (loose) 



1 



GROUP II 

Intermediate rocks 



GROUP III 

Soft rocks 



GROUP IV 

Unconsolidated (earth) 



Classification 341 

"For use in connection with this classification we think that Pirs- 
son's 'Rocks and Rock Minerals,' with the tables there included for 
rock determination, should be used. There is no escaping the fact that 
the engineer must know the common rocks and minerals. If he does 
not know them now, he must either take a course where he can learn 
these, or a geologist must be retained."* 

As a rule the engineer should be empowered to decide under 
what class a material encountered shall be included and he will here 
find opportunity for the exercise of his best judgment. 

Examples: 

a. Open trenches — ''Excavation: All excavation will be in sand, gravel, 
earth, and other drift materials. No rock excavation is expected, but should 
rock be encountered in the trenches is shall be excavated six inches below 
the bottom grade of the pipe. All rock requiring blasting to remove will be paid 
for as rock excavation at $2.00 per cubic yard, and said rock shall be meas- 
ured eighteen inches wider than the outside diameter of the pipe at the hub 
end, and from the top of said rock to six inches below the bottom grade of 
the pipe. All boulders found in the trench requiring to be removed, measur- 
ing one-half cubic yard or more, will be paid for as rock excavation. In 
the excavation of rock, all blasts must be properly covered to guard against 
injury to surrounding objects, and the contractor will be held responsible 
for all damages to persons or property caused by carelessness or otherwise 
in the prosecution of this work." 

b. ''Classification of Material: All material such as earth, clay, sand, 
gravel, rotten or loose rock, vrhich can be removed with pick and shovel, shall 
be classed as 'earth excavation.' All rock requiring blasting to remove, shall 
be classed as 'rock excavation.' " 

In addition to the above classification, the class Hardpan is some- 
times also used. \\'hen so used it is usually specified as follows : 

"Hardpan shall consist of indurated clay, shales or cemented gravel, and 
which requires blasting for removal." 

In addition to the above classifications, there are also often included 
in work, part of which is to be performed under water, the classifica- 
tion as above indicated, modified by the additional provision "in water," 
"below water," and "dry" or "above water." 

"All excavation below low water shall include all necessary extra work 
caused by the position, and shall be paid for at the price named in the ac- 
cepted proposition." 

c. Open Trenches. — "Two prices only are to be paid for materials exca- 
vated from the open trench and other excavations (except borrow pits), 
namely, one for the roclt excavation, which is to cover all excavation of solid 
rock removed by blasting, and all boulders of one-third cubic yard or more in 
volume; and one for earth excavation, which is to cover the excavation of 



* Eng. News-Rec. Vol. 82, p. 907. 



342 Specifications for Processes 

all other materials. The price to be paid for borrowed earth is to cover the 
excavation of all kinds of materials taken from borrow pits." (Met. Water 
& Sewerage Board.) 

d. Canals— ''Classification of Material.— AU material excavated under the 
provisions of this contract is to be classified under one or the other of two 
heads, viz.: 'glacial drift' and 'solid rock.' 

"Glacial drift shall comprise the top soil, earth, muck, sand, gravel, clay, 
hardpan, boulders, framentary rock displaced from its original bed, and any 
other material that overlies the bed rock. 

"Solid rock shall comprise all rock found in its original bed, even though 
it may be so loosened from the adjacent underlying rock that it can be re- 
moved without blasting." (Spec. San. Dist. of Chicago.) 

e. Grading — ''Classification: (a) All material handled under the head of 
'Grading' shall be classified as follows: 'Solid rock,' 'loose rock,' and 'earth.' 

"(&) Solid rock shall include all bed rock which cannot be removed 
without blasting, also all boulders or other masses of rock of not less than 
one cubic yard which require blasting before removal. 

"(c) Loose rock shall include all soft shales or other soft or loose rocks 
which can be removed without blasting, even though blasting may be done 
to facilitate the work; also all boulders or other manner of rock of not 
more than one cubic yard, or less then ten cubic feet. 

"(d) Earth shall include all soil, earth, sand, gravel, loose stone and 
boulders of less than ten cubic feet contents, and any other material of 
every description not clearly included under the specifications of solid rock 
or loose rocks; of all of which the engineer shall be judge." 

(e) "All materials moved in grading shall be measured in excavation 
only, and estimated by the cubic yard under the following classes: 

"Class 1. All material that can be plowed by an average eight-mule team, 
each animal weighing not less than twelve hundred (1,200) lbs., attached to 
a suitable ten inch breaking plow, all well handled, by at least four men. Also, 
all loose material that can, without plowing, be loaded into a scraper by two 
men. 

"Class 2. Indurated material of all kinds, which cannot be plowed as in 
Class 1, but which requires loosening by powder, and can then be removed 
by scraper. 

"Class 3. All detached masses of rock, more than two and less than ten 
cubic feet in volume. And all slate or other rocks, soft or loose enough to 
be removed without blasting. 

"Class 4. All rock, not included in the above classes which requires drill- 
ing and blasting." - 

In discussing the above specification, the Engineering News re- 
marks that in a similar specification a dispute arose in regard to the 
question of whether certain mater'al should be classified as "hard- 
pan" or "rock," and points out that while certain shales and hard- 
pan may be loosened in small chunks by a plow, yet true economy of 
construction would require blasting. Tt seems desirable that the deci- 

3 See Eng. News Sup., July 9, 1903. 



Classification ' 343 

sion as to the classification of material should when practicable be based 
upon its economic working, which is generally a question of judgment 
and therefore a matter for honest difference in opinion. The News 
suggests that it would seem better to have samples of the various ma- 
terials on file as the basis for the contractor's proposal. Even with this 
provision, the grading of material from one class into another may 
sometimes still lead to differences of opinion, misunderstandings and 
disputes. 

§ 207. (C) Qualities of Material. 

Examples: 

a. Embankments: — "All material for the embankment shall be gravel, 
clay or earth, free from all organic matter, and be such as the engineer will 
approve. Any material used in said embankment and not so approved shall 
be removed by the contractor at his own cost and expense, and shall in no 
case be estimated or paid for." 

b. Refilling trenches — "Material for refilling. — The trenches shall be re- 
filled with the excavated material provided it be of proper quality, but in 
case insufficient suitable material is thus obtained, that which is suitable 
shall be furnished by the contractor, without charge, and he shall remove 
from the ground or uniformly spread over the surface all material which 
is not used in filling." 

c. Refilling in rock excavation. — "In refilling trenches from which rock 
has been excavated, the six inches below the pipe shall be filled with sand, 
earth or loam, and carefully packed before the pipe is laid; and the trench 
around and for eighteen inches (18") above the pipe shall be filled with 
earth, properly tamped, above which the rock may be filled in, but no rock 
containing more than two hundred (200) cubic inches will be allowed to be 
used in the filling." 

d. Reservoir embankment. — "No material shall be used which is not 
free from vegetable soil, roots or non-mineral matter. All stones more than 
one inch thick or more than three inches in maximum dimensions, shall be 
removed from the embankment before setting." 

As noted in the Engineering News Supplement * the last clause is 
an unusual and unnecessary requirement which will entail close inspec- 
tion and extra expense. The usual limiting size for stones in reservoir 
embankments is four inches in diameter, and even such a limit seems 
entirely unnecessary in work of considerable magnitude, unless the ma- 
terial conta'ns a superabundance of such material. 

§ 208. (D) Quantities and (E) Measurements and Estimates. 

Examples: 

a. Embankments: "Measurements. — The measurement of all material used 
in the embankment shall be made in the embankment." 

b. Levees'. Estimate of quantities. — "The solid contents of the levee, com- 
puted to the established permanent grade and cross section only, will hi 
paid for. Nothing will be allowed for shrinkage. The cost of clearing, grub- 



344 Specifications for Processes 

bing and breaking the surface shall also be included in the price per cubic 
yard for embankment." 

c. Canals: ^'Measurement. — Measurement for all excavated material will 
be made in excavation by the cubic yard of twenty-seven cubic feet, based 
upon the survey and cross-section notes of the engineer. 

"All 'glacial drift' excavated under the direction of the engineer, whether 
in or out of the main channel, will be included in the measured quantities. 

" 'Solid rock' excavated within the limits of the dimensions and grade 
of the main channel, or of any river diversion channel, or for the placing 
of any bridge or other structure, as hereinbefore specified, or that shall be 
taken out by direction of the engineer, shall ba included in the measured 
quantities, provided that nothing will be included for rock that comes out 
below grade in the excavation of any channel. 

"The prices given herewith are to include all work herein specified as 
clearing and grubbing, levees for protection, pumping, roadways for work- 
ing, back filling of retaining walls, and generally all work and material found 
necessary in prosecuting this contract." (Spec, San. Dist. of Chicago.) 

d. Tunnel excavation.— "Kxcayation either in earth or rock shall be 
estimated of a diameter only as great as the outside of the specified walls of 
the shaft or tunnels. Any material resulting from caving, careless blasting, 
or any cause by which material shall be removed from beyond the lines 
specified, shall be removed and refilled with suitable clay thoroughly rammed 
in place J and at the contractor's expense." 

§ 209. (F) Shrinkage. — Material when moved from its natural 
bed usually alters in volume, sometimes to a considerable extent. 
Earth when excavated and placed in an embankment usually shrinks, 
frequently as much as ten per cent of its original bulk. Rock on the 
other hand when broken and placed in a fill, increases its bulk on ac- 
count of the voids between the pieces. This change in volume becomes 
important in considering earth and rock work. Earth work, if meas- 
ured in embankment, will measure less than if measured in excavation, 
tmless allowance is made for shrinkage. Embankments tniless carried 
above the permanent grade will prove deficient except where extra ma- 
terial is furnished. Rock work will occupy a much greater space than 
in the bed from which it was taken. 

EA'QDiplcs: 

a. Measurement. — "When earth work, taken from borrow pits, is meas- 
ured in embankments, an allowance of ten per cent, for shrinkage shall be 
made, and the net embankments will be estimated as ninety per cent, of 
the gross excavation." 

b. Provision for Shrinkage. — "One-tenth shall be allowed for the settle- 
ment or shrinkage of all embankments, regardless of the character of mate- 
rial used, or the method of construction, and no embankment that is not car- 



^Vol. 50, p. 229. 

5 Concrete filling may be required and if so should be specified, 



Extra Excavation 345 

ried up one-tenth higher than the established grade shall be paid for. The 
allowance for shrinkage must be deposited on the crown and slope during 
the original construction in such a manner as to give the w^idth of crown 
and the slope required, which slope shall be uniform from top to toe of fill." 

§ 210. (G) Extra Excavation, — It is necessary to anticipate the 
possibility of a greater amount of excavation than that which would be 
estimated from the plans for an improvement on account of the fre- 
qtient necessity of removing material which may be objectionable or to 
reach a more satisfactory foundation. In foundations for pavements, 
the following specification is often used : " 

"All clay and spongy material shall be removed to a depth to be deter- 
mined by the engineer, not exceeding 12 inches below the bottom of the 
foundation, and shall be replaced v/ith such material as the engineer may 
direct." 

This specification is faulty for two reasons : ( i ) It does not de- 
scribe the material with which the fill is to be made: (2) It does not 
provide for extra compensation when such filling is required. 

If the spongy material is to be replaced by sand, gravel or cinders, 
it should be so specified. If the fill is to be of clay, the specification 
should be equally explicit ; the source from which it is to be obtained 
should be specified, and a sample of the same should be provided so 
that there will be no uncertainties as to the character of the material 
which the engineer will accept. 

While it may be desirable to avoid a bill for extras, it is seldom 
that extra expense is really avoided by requiring the contractor to as- 
sume risks for extra work for which he is to receive no compensation. 
A few test pits along the line of the work will give the necessary in- 
formation as to the occurrence of tmsuitable material for the founda- 
tion, and an allowance can be made in the original estimate for the 
cost of extra filling, and a bid for the same reqtiired when the work is 
let. In this way the contractor is relieved from hazard and can and 
will submit a lower proposal for the work. 

Examples: 

a. General: "All excavation deeper than shown on the drawings, and all 
extra excavations ordered by the engineer shall be estimated and paid for 
at the contract price." 

b. Grading for Pavements: "All material more than eight inches below 
the established grade, together with all material excavated from above the 
grade of the finished pavement shall be classed as extra excavation and paid 
for at the price of such extra excavation named in the accepted proposal. 
The cost of all other excavation including all necessary excavation for curb- 
ing shall be included in the prices named for paving and curbing." 



'^ See Eng. News Sup., Vol. 50, p. 257. The specification "such material 
as the engineer may direct" is indefinite and unfair. 



346 Specifications for Processes 

c. Excavation for Trenches: "Any increase in depth beyond that which 
is necessary to lay the pipes in the above described manner, if ordered by 
the engineer, shall be paid for at the price bid per cubic yard for extra 
earth excavated and backfilled; provided such extra depth average at least 
three inches the whole length of extra cut. A corresponding deduction will 
be made for ail length of less depth than that specified, but no attention will 
be paid to an average less than three inches for the whole length of such 
trench. The contractor shall also make additional excavation whenever re- 
quired for the purpose of securing a good and satisfactory foundation, for 
which work he shall be paid the price bid for extra excavation." 

§ 211. (H) Extra Material and Borrow Pits. — Extra material 
that cannot be obtained from the location of the work is frequently 
needed for embankments and fills. In most work the land from which 
such material can be obtained is provided, but occasionally it may be 
desirable to depend on the contractor to secure such extra material 
from sources which he shall provide. 

Examples: 

a. Contractor to Furnish Material. — "The contractor shall make all nec- 
essary arrangements to secure the material for the embankment and no ma- 
terial shall be taken from the public streets or highways except as removed 
in the necessary grading." 

b, Borroiv Pits Provided. — "All necessary land for borrow pits will be 
provided by the party of the first part." 

§ 212. Operations. — Under this heading should be included all 
specifications in reference to the necessary operations by which 
earthworks are to be begun, prosecuted, and completed, including 
also all restrictions and necessary precautions which are to be taken 
in order to secure good work and protect public life and property 
and the work itself. 

(A) to (E) Inclusive : Beginning Work, etc. 

(A) Dredge Work: ''Beginning Work. — The work shall be begun at the 
outlet, but the contractor may leave such temporary dams as may be neces- 
sary to hold back the water for the dredges, provided such dams are removed 
as soon as the progress of the work permits." 

(B) Grades and TAnes. — "The approximate depth of the excavation will 
be given by the engineer before the excavation is begun. Grade and line will 
be given by the engineer every 12 V, feet at the bottom of the trench, on stakes 
to be set by the contractor." 

(C) Clearing and Gruhting: a. For Levees. — "The ground to be occu- 
pied by the levee must first be cleared of all trees, stumps, logs, bush, weeds, 
and all perishable matter of every kind. All trees and stumps shall be 
grubbed out by the roots, and all work shall be done to the full satisfaction 
of the engineer." 

b. For Reservoir. — "The entire surface of the ground on which the reser- 
voir is to be constructed shall be cleared and grubbed of all trees, stumps, 
bushes and roots. All such material shall be removed from the reservoir 



operations 347 

area. All good timber shall be cut and corded, and shall be and remain the 
property of the city. All debris shall be burned or otherwise removed from 
the city property." 

c. For Canal. — "The contractor will be required to remove all trees 
stumps, buildings, fences, or other incumbrances within 150 feet of the cen- 
ter line of the channel, or that may be in the way of any collateral or subsid- 
iary work herein specified. All such material of value shall be the property 
of the contractor, and all worthless material shall be disposed of as directed 
by the engineer. The cost of this work shall be included in the prices for 
excavation as hereinafter stated." (Spec. San. Dist. of Chicago.) 

(D) Breaking Surface for Levee. — "The entire surface which will be used 
for the base of the levee shall be thoroughly broken with a spade or plow 
in order to form a satisfactory bond with the earth fill." 

(E) Changes in Roads and Railroads: ''Railioay cTiawfires.— Throughout 
such sections of the work as may require a change in location of any rail- 
way, the contractor shall grade a double track road-bed with material from 
the excavations herein before specified, said road-bed to be thirty (30) feet 
wide on top, with side slopes of one and one half to one, and conforming in 
height and location and in other particulars to the plans of the engineer 
as shown on plan *2 a,' and the cost of any such work shall be included 
in the prices for excavation hereinafter stated. ( Spec. San. Dist. of Chicago.) 

§ 213. (F) Consolidation, Rolling, Tamping, etc. 

a. For Reservoir Emhankment. — "The embankment shall be built by 
dumping the material in uniform layers and to the full width thereof. The 
material so deposited shall be spread out in uniform layers not over twelve 
inches in thickness and thoroughly rolled with a road roller of approved 
weight and dimensions." 

b. For Levees. — "The movement of all wagons, carts or scrapers used on 
the work shall be so directed that all parts of the embankment shall be 
made equally and uniformly compact." 

c. For Pavements. — "The sub grade, after being properly puddled and 
brought to the proper section, shall be thoroughly compacted by rolling and 
tamping in such a manner and to such extent as the engineer may direct. The 
roller shall not be less than three (3) feet in diameter, or more than six 
(6) feet wide on the face, and shall weigh at least eight (8) tons, and it 
shall be so operated as to roll the entire sub grade between the street curbs. 
All places that have not been or cannot be properly rolled, shall be tamped 
with square hand tampers of not more than twelve (12) inches square face, 
and not less than ninety (90) pounds weight. The rolling and tamping of 
the foundation shall always be kept at a distance of not less than one hun- 
dred (100) feet ahead of the pavement." 

d. For Pavements. — "When the road-bed has been brought to sub grade 
and before the curbs are set, and after the city has made any necessary im- 
provements, the sub-grade shall be thoroughly rolled with a steam road 
roller, weighing not less than ten tons. Any soft and spongy places that 
may appear during the rolling, shall be filled with dry earth or old macadam 
and be rolled until they are firm and solid and conform to sub grade, being 
sixteen (16) inches below the finished surface," 



348 Specifications for Processes 

e. Tamping Trenches. — "In refilling the trenches, the earth fill in the 
bottom of the trench under, around, and six inches (G") over the top of 
the pipes and other castings, shall be carefully packed and well rammed 
with, proper tools for the purpose. Care shall be taken to give the pipe 
a solid bearing throughout its entire length. The earth filling above the 
pipes shall also be sufficiently packed to prevent serious after settlement. 
The contractor shall not be required to tamp the entire refilling, but the 
street shall immediately after refilling be put into a passable condition and 
kept so for the limit of guarantee; a crown being left over the trenches of 
not to exceed six inches (6") in the width of the trench, and solid enough 
to prevent a horse or wheel from sinking into it to a dangerous extent, of 
which the engineer shall be the judge. After rains, or at other times when 
any settlement occurs, either in the surface of the fill, or by the formation 
of holes beneath the crust, the trench shall be refilled and redressed, and all 
kept in a satisfactory and passable condition. 

"The back filling shall be done as soon as possible after the sewer is 
completed at any point. The earth shall be placed carefully in layers of 
not over nine inches in thickness, and each layer, before the next is placed, 
shall be thoroughly wet or rammed as the engineer may direct, and the 
filling shall be packed and rammed under and around the sewer, with proper 
tools, so as to effectually prevent all injury from settlement to the sewer, or 
of unusual repairs to the streets." 

f. Consolidating Trenches: "(1) In refilling the trenches the earth on 
each side and six inches over the brick work shall be carefully laid in so as 
not to disturb the work, and solidly rammed. .After this, the center may be 
struck, but no more load shall be placed on the arch until such time as the 
engineer may direct. 

"(2) Special care must be taken in filling around the sewer to keep the 
earth the same height on both sides. 

"(3) The first layer shall be placed in with shovels, and the sewers shall 
not be walked upon until this is done. The earth then to be thoroughly 
rammed in eight-inch layers, with in no case more than tv/ice the number 
of men refilling than there are ramming. 

"(4) The balance of the trench may be filled in the same manner, or by 
sluicing with water, as the engineer may direct." 

§ 214. (G), (H) and (I) Limiting and Protecting Work. 

(G) Limits of Work: "In no case shall the contractor be allowed to work 
any trench more than four hundred (400) feet in advance of the pipe laying 
unless otherwise permitted in writing by the engineer, and in all cases the 
refilling shall be kept within 200 feet of the completed pipe laying, unless 
otherwise given in writing." 

(H) Bracing, Sheeting and Shoring: a. Shaft and Tunnel. — "The contrac- 
tor shall furnish and place all necessary bracing and shoring for preventing 
caving in the shaft, or tunnels to be built under this contract. The con- 
tractor shall so protect his work from caving that it shall cause no settle- 
ment or injury to the walls of the pumping station or reservoir, or to the 
foundations of the same, or to the foundations of any machinery installed 



Operations 349 

therein, and he shall make or cause to be made, or shall pay the cost of mak- 
ing any repairs to the city property damaged directly or indirectly by his 
operations." 

b. Sheeting Excavation. — "In all cases when necessary to prevent the 
caving of banks, the contractor shall furnish and put in suitable bracing or 
sheeting at his own expense and remove the same when the trenches are 
refilled." 

c. Removing Bracing, etc. — "Before the refilling, all shoring, bracing, 
etc., shall be removed from the trenches, but shall be removed only as the 
filling progresses in order to keep the trench from extensive caving." 

(I) Protection, Care and Maintenance of Traffic: a. Bridging Trench. — 
"Should occasion require on any of the business streets, or in any street, 
the importance of which as a thoroughfare is great enough to make it neces- 
sary to do so, of which the city shall be judge, the contractor shall properly 
bridge the trench to permit a safe crossing of traffic." 

§ 215. (J) Obstructions. — Improvements Encountered. 

a. Obstructions. — "When necessary to cross or interfere with existing 
culverts, drains or pipes of any kind or description which may be so located 
in said streets, or any railroads, side tracks or other constructions, which 
may be located in said street, notice shall be given to the city, and the work 
shall be done in accordance with the direction of said city or its represen- 
tative. All objects requiring it shall be sustained in place until the work 
is completed and any damage caused shall be thoroughly repaired, and all 
work requiring strengthening to meet any additional strain caused by such 
excavation shall be properly made by the contractor to the full satisfaction 
of the city. 

"All repairs of injury to pipes, drains or other obstacles encountered in 
or on the street, shall be properly made before filling over and around the 
same." 

b. Replacing improved surfaces. — "In all cases the class of pavement 
before existing shall be carefully replaced so as to be in every way equal to 
the original surface in material and workmanship as far as practicable. In 
improved streets and through the business portion of the town, the contractor 
shall thoroughly tamp the material from the pipe to the surface so that no 
after-settl6ment shall occur." 

c. "The contractor shall do whatever may be necessary to keep in posi- 
tion, and to protect from injury all water, gas pipes, service pipes, lamp 
posts, poles, and all other fixtures which may be encountered in carrying on 
the work. In case any of the said pipes, posts, poles, or other fixtures be 
damaged, they shall be repaired by the parties having control of the same, 
and the expense of such repairs shall be deducted from the amounts which 
may become due the contractor." 

§ 216. (K), (L), (M) and (N) Pumping Methods, etc. 

(K) Pumping and draining: a. Trenches. — "During the trenching and the 
laying of the pipe, the contractor shall properly dispose of all drainage or 
water seeking the trenches, by the employment of suitable flumes for con- 
ducting the water from the work, or by doing all necessary pumping and 



350 Specifications for Processes 

bailing. He shall provide for all waterways, ditches or sewers intercepted 
during the progress of the work, and replace them in as good and satisfac- 
tory condition as they were before they were disturbed, before the work 
will be accepted." 

b. Shaft and Tunnels. — "During the construction and until the work is 
completed and accepted, the contractor shall promptly and properly dispos3 
of all drainage water seeping into the shaft or tunnels by doing all necessary 
pumping and bailing, and he shall furnish all necessary machinery and ap- 
paratus therefor." 

(L) System of Excavation: a. Trenches. — "All excavation shall be done 
by open cut from the surface. Trenches for pipe sewers, shall be eighteen 
inches wider than the diameter of the pipe. The bottom of all trenches, 
whether for pipe or brick sewers, must be as far as practicable excavated to 
the exact form and size of the lower half of the pipe, or sewer, to be laid 
therein. Suitable holes shall be cut for the pipe, bells, and for the proper 
fitting of all junctions when needed." 

b. Tr'enching. — "The excavation will, in all cases, be continued from the 
surface to the bottom line of the same, unless otherwise specially permitted in 
writing by the city. The trench shall be properly and smoothly bottomed 
so that the pipe will have a full length support. In excavating through 
improved street surfaces, the material shall be carefully removed and kepi 
free from the other material excavated from the trenches. 

"In order to facilitate traffic and interfere with the use of the public 
streets as little as possible, all trenches having an average depth of eight 
feet or more shall be excavated by the use of an overhead conveyor system 
with which the material excavated on one portion of the work shall be 
dumped directly into the trench in which the sewer is already completed. 

(M) Filling '. Aqueduct Embankrnents. — "The material is to be deposited 
and spread in horizontal layers not exceeding 3 inches in thickness, each 
layer to be sufficiently watered and very thoroughly rolled with a heavy 
grooved roller. From time to time during the construction of this portion 
of the embankments, and if so required, three times after its completion, 
this portion shall be so thoroughly saturated with w^ater that it will stand 
upon the surface. 

"The building of the aqueduct upon such foundation embankments shall 
not be begun until they have stood six weeks after completion, unless other- 
wise directed. (Met. Water & Sewerage Board.) 

(N) Drilling, Channeling, Blasting and Quarrying: a. Shaft and Tun- 
nel. — "If blasting is necessary in the removal of rock from said shaft or 
tunnels, due care shall be taken to protect all finished masonry or other 
work or material in said shaft or tunnels from injury due to the blasting. 
All blasting shall be carefully covered and all blasts shall be fired by moms 
of electric igniter and detonating caps, and not by fuses." 

b. Canal — "The contractor is to furnish all explosive compounds for 
blasting the material provided to be excavated under this contract; and, 
whereas, the storing, handling, and use of so large amount of explosive 
material requires the utmost care and discrimination, it is therefore under- 
stood and agreed that the said contractor shall arrange for the storage of 
all explosive material at a distance not less than 600 feet from the work, 
or from any other magazine, or from any dwelling occupied as a habitation. 



Operations 351 



and that not more than 5,000 pounds shall be kept in one place. It is fur- 
ther understood and agreed that said explosive material shall in no case 
be brought unto the work except when needed for the purpose of charging 
the blast holes, and then only in such quantity as is needed for the particu- 
lar work in hand, and that none but skilled and careful men shall be em- 
ployed in the handling or use of said explosive, and that no liquid explosive 
shall be used. 

"It is further understood and agreed that the ground surrounding all 
magazines shall be kept free of vegetable or combustible material for a radius 
of one hundred feet, and that their walls shall be bullet proof, to a 
height of one foot above the contained explosives, and that in no case shall 
they be made of brick or stone. It is also understood and agreed that such 
signals of danger, as may be directed by the engineer, shall be given or 
displayed before the firing of any blast, and that the said contractor shall 
conform his acts to and obey all rules and regulations relative to the hand- 
ling of explosives and the firing of blasts, for the protection of life or prop- 
erty, which may be made by the engineer from time to time." (iSpec. San. 
Dist. of Chicago.) 

§ 217. (O) Disposal of Material and (P) Overhaul. 

(O) Disposal of Material: a. Shaft and Tunnel. — "The material from the 
shaft or tunnels shall be deposited at the point directed by the engineer, the 
distance to which shall not exceed three hundred feet from the top of the 
shaft." 

b. Street Work. — "All excavated material shall be disposed of as fol- 
lows: First, it shall be used to make any fills necessary to bring the foun- 
dation of the street to the proper grade; second, it shall be deposited on any 
street or alley or lot or parcel of land within one thousand feet of the place 
of excavation, which may be selected or designated by the engineer, and third, 
the balance of said material shall be removed from said street by the con- 
tractor at his own expense, and may be sold or otherwise disposed of 
as he may elect. 

"The city reserves the right to all cobble stones, gutter crossings and 
cross walk stone in good condition, after the same have been taken up by 
the contractor, who shall use due care in handling the same so as not to 
break them, and shall carefully pile the same at such points on intersecting 
streets as the engineer may direct." 

c. Trenches. — "The material from the trenches shall be so deposited as 
to interfere as little as possible with public travel or the convenience of 
the residents on the thoroughfare in which the excavation is made." 

d. Trenches. — (a) The excavated material or other material used on the 
work shall be laid compactly on the sides of the trench, and kept piled or 
trimmed up so as to be of as little inconvenience as possible to the traveling 
public and adjoining tenants. 

(b) Said material shall not obstruct the gutter of any street, and all 
proper measures shall be taken to provide for the free passage of surface 
water along the gutters. 

(e) Canal. — The contractor, except as hereinbefore specified, is to dis- 
pose of all material to be excavated under the terms of this contract at his 
own expense, and in the most convenient manner, in waste banks on the 



352 Specifications for Processes 

right of way; provided, that the foot of the inner slopes of said banks shall 
not be nearer to the edge of the main channel than 50 feet, measured at 
an elevation of 10 feet above datum, and that the foot of the outer slope 
shall not approach the margin of the right of way closer than 10 feet, nor 
encroach on the channel of the Desplaines river as finally established, and 
so as to materially interfere with the flow thereof; the slopes next the chan- 
nel and said margin of river to be not less than one-half to one, and 
said waste banks to be within the limits of 450 feet from the edge of the 
main channel, and provided that this shall not be construed to prevent any 
other disposition of the material with the consent of the engineer." (Spec. 
San. Dist. of Chicago.) 

(P) Overhaul. — "All material shall be delivered at such points, within 
fifteen hundred feet of the work, as the engineer may direct. On any ma- 
terial delivered at a greater distance, 'overhaul' will be allowed for each one 
hundred feet in accordance with the prices named in the accepted and at- 
tached proposal. 

§ 2i8. (Q), (R), (S) and (T) Completion and Maintenance. 

(Q) Grading. Leveling and Dressing, (a) "The slopes of the embank- 
ment shall be carefully and evenly dressed to the lines given; all to the 
satisfaction of the engineer." 

b. "The slopes shall be carefully brought to the proper sub-grade and 
dressed with four inches of loam of approved quality." 

(R) Sodding and Seeding, (a) Sodding. — "After the slopes are dressed 
to grade they shall be sodded with fresh cut sod carefully pinned in place, 
which shall be kept well watered for 30 days thereafter." 

b. Seeding — "After the slopes are covered with a loam xiressing, as 
elsewhere specified, they shall be carefully seeded with blue grass, and also 
sown with oats to protect the young grass. The seeding shall be carefully 
watered for 30 days thereafter. 

(S) Continuous Prosecution of Work. — "Should treacherous material 
be encountered such as quicksand, running sand, etc., and the conditions 
of the work, in the opinion of the engineer so demand, the work shall be 
pushed with the utmost vigor and shall be carried on continuously night 
and day." 

(T) Maintenance, a. "All embankments are to be maintained for one 
year after completion, and any erosions shall be carefully filled and com- 
pacted, and the work shall be left in condition satisfactory to the engineer 
at the end of the year period. 

§ 219. Assignments on Specifications for Earth and Rock 
Work. — The sttident should select one or more of the following sub- 
jects and 

First : Outline the various subject headings which should be in- 
cluded in a specification for the required work ; and 

Second : Prepare or select proper specifications which will assure a 
correct understanding of the nature of and the manner in which the 
required work is to be done. 



Assignments for Students 353 \ 

Note. — In each case it will be desirable to g'.ve the subjects a local 
significance by applying the work to local conditions that can be inves- j 

tigated, and by giving definite dimensions to the work. i 

Excavation and Grading: ! 

Excavation for the basement and foundations of a building. , 

Grading around a public building. - | 

Grading ah athletic field. ' 

Grading a city block for building purposes. ! 

Regrading a hilly portion of a city (hydraulic process). 
Grading a street through a considerable rise. I 

Excavation for pavement and preparation of subgrade. i 

Stripping and Grubbing: \ 

Stripping surface for reservoir. ' i 

Stripping surface for quarry or open mine. 

Fills and Embankments: i 

Filling across a ravine for highway purposes. '. 

Construction of levee by scrapers. 
Construction of levee by machinery. 
Construction of a railway fill by scrapers. 
Construction of a railway fill by steam shovels and cars. 
Excavation for culvert under railway in operation. \ 

Construction of earthen reservoir dam by scrapers. | 

Construction of earthen reservoir dam by cars. 
Construction of earthen reservoir dam by machine work. 
Construction of earthen reservo'r dam by hydraulicing. 

Ditching and Dredging: 

Construction of an irrigation canal, hand finished for lining. 

Construction of drainage (or irrigation) ditch by hand work. 

Construction of drainage (or irrigation) d'tch by scrapers. 

Construction of drainage (or irrigation) ditch by machinery. 

Dredging a river bed for boat channel. I 

Dredging a river or lake for a dock. 

Excavation within cofiferdam for dam foundations. 

Excavation within cofferdam for pier foundation. ' 

1 

Shaft and Tunnels: : 

' 1 

Construction of tunnel in earth for railway. 

Construction of tunnel in earth for aqueduct. 

Excavating a dug well. i 

Excavating a mine shaft. 



354 Specifications for Processes 

Trenching : 

Construction of trench for pipe sewer. 
Construction of trench for brick sewer. 
Construction of trench for concrete sewer. 
Construction of trench for water pipe. 
Construction of trench for electric conduits. 
Construction of trench for electric cable. 

Miscellaneous: 

Excavation for transmission tower base in hard ground. 

§ 220. Assignments of other Fundamental Processes. 
Bank Protection: 

Furnishing and placing heavy riprap. 

Furnishing and placing riprap paving. 

Furnishing and placing block stone paving. 

Furnishing and placing rock filled timber cribs. 
Brick Masonry: 

Laying common brick in walls of building. 

Laying fire brick and common brick in boiler setting. 

Laying face brick in building fronts or enameled brick in engine 
room wall. 

Laying hard brick in boiler room floor or sidewalk. 

Laying brick in sewers, chimneys or pavements. 

Laying common brick in bus bar compartments. 

Brush Mattress: 

Making and placing, including covering with riprap and sinking. 

Carpenter Work: 

Constructing concrete forms (finished work or rough work). 
Framing timbers for crib dams or trestle work. 
Framing timbers for headings and tunnels or shafts. 

Coffer Dam : 

Clay embankment (for shallow water). 
Sand and clay embankment with sheet piling inner wall. 
Two rows of sheet piling filled with puddle. 
Rock-filled crib with outer sheeting of wood. 
Rock-filled crib with outer sheeting of steel. 

Concrete Work — Plain or Reinforced: 

Making concrete (mixture') and placing foundation of roads or 

machinery. 
For retaining wall or piers and abutments. 



Mixture to be selected or assigned. 



^ 



Assignments for Students 355 

For sidewalk, floors or curb and gutters. 
For arched bridge or culverts. 
For ditch or tunnel lining. 

Concrete Work — Reinforced: 

For fence posts, bearing piles or transmission poles. 
For reservoirs — walls and bottom or lining. 
For-beams, slabs or columns. 
For-sewer pipe or culverts. 

Fencing: 

Railroad right of way or highways. 

Farm property for horses, cattle or poultry. 

Highway and Street Construction: 

Foundations of gravel, cinders, concrete, broken stone or Telford. 

Surface of gravel or crushed granite. 

Macadam (water bound, oil bound or with bituminous wearing 

surface). 
Cedar block, Douglas fir block or creosoted wood block. 
Vitrified brick or stone blocks, sheet or block asphalt. 

Machinery and Appurtenances: 

Furnishing steel castings for gears. 

Furnishing steel forging for connecting rods or shafting. 
Furnishing iron castings for engine cylinders and machine frames. 
Furnishing castings for large gears (uncut or cut gears). 
Furnishing brass castings for bearing boxes. 

Machine Shop Work: 

Boring engine cylinder. 

Forming and finishing piston rod and connecting rod. 

Making and furnishing bolts and nuts (ordinary or finished work). 

Riveted work for large penstock or turbine housing. 

Riveted work for ordinary return tubular boiler. 

Riveted work for best Scotch marine boiler. 

Riveted work for house tank or standpipe. 
Paintittg: 

Steel bridge or steel poles and towers. 

Frame building (exterior) or w'ndows and door frames of brick 
power house. 

Steel standpipe or steel penstock. 

Interior steel trusses of power house or plaster walls of engine 
room. 

Finishing hard pine floor or wainscoting of engine room. 



356 Specifications for Processes 

Piling: 

Driving bearing piles for foundation of power station or brick 

chimney. 
Driving sheet piling in a dam foundation of wood or of steel. 
Driving-concrete bearing piles or casting concrete bearing piles in 

place. 
Sawing off round piles under water or cutting off steel piles in 

place. 
Pipe: 

Furnishing and laying lead joints or flange joints. 
Furnishing and laying concrete sewer pipe or reinforced concrete 

conduit. 
Furnishing and laying vitrified sewer pipe. 
Furnishing and laying riveted steel pipe. 
Piping for connecting steam engine and boiler of steam engine and 

condenser. 
Covering exposed water pipe over bridge or to elevated tank. 
Plastering, etc. : 

Placing wood lath or metal lath. 

Placing back plastering, scratch coat, brown coat or finishing coat. 
Rock Work: 

Quarrying stone for building, rubble, concrete or riprap. 
Excavating rock for railway cut (in dry) or navigation canal. 
Excavating rock for shaft or tunnel. 
Roofing: 

Laying shingles of wood, asbestos or slate. 
Laying roof of slate, tile, tar and gravel, composition or metal. 
Stone Masonry: 

To cover size, laying, bond, joints, etc. 
To cover bridge pier masonry of coursed ashlar. 
To cover building pier of uncoursed rubble. 
To cover dam of broken ashlar. 
To cover retaining wall of coursed rubble. 
To cover wall of building, random range ashlar. 
To cover buildings, dressed faced coursed ashlar. 
Transmissio n Line : 

Framing and erecting timber poles. 
Stringing conductors and galvanized steel ground wire. 
Setting concrete bases or distributing tower material. 
Assembling: and erecting- towers and hang-ing insulators. 



CHAPTER XIX 
SPECIFICATIONS FOR MACHINERY AND APPARATUS 

§ 221. Divisions. — Specifications for machinery and apparatus 
may be divided into three classes. 

First. General specifications are usually prepared for occasions 
when it is proposed to purchase standard designs of manufactured ma- 
chinery. Such specifications should definitely designate : 

A. The kind and number of machines to be furnished. 

B. The purpose for which they are to be used. 

C. The capacity. 

D. The condition of operations. 

E. The conditions of delivery, foundations and erection. 

F. The tools and appurtenances required. 

G. The time of delivery. 

H. The specification may also include such other special require- 
ments in regard to type of machine desired as w'U confine the b'dders 
to the machine more nearly fitted for the requirements of the condi- 
tions. 

/. The requirement of full specifications from the bidder as to 
the particular characteristics of the machine he proposes to furnish. 

Second. Detailed specifications are usually prepared for occa- 
sions when it is proposed to purchase machines which are designed 
by the manufacturer but which are manufactured to order and are 
more or less special, in accordance with the demands of the purchaser. 

Such specifications not only accurately define the requirements 
outlined under "General Specifications" but also describe at consid- 
erable length the requirements for material, workmanship, finish and 
strength of all or the principal parts of the machine to be furnished. 

Third. Design specifications are usually accompanied by com- 
plete detailed plans, and designate definitely and minutely in full de- 
tail every part and portion of the machine to be provided, describing 
the material from which it is to be made, its qualities and strength, 
the workmanship and finish, and the weight, size and dimensions of 
all parts. 

The above divisions are more or less arbitrary and in practice 
vSuch specifications often grade imperceptibly from one to the other. 



358 Specifications for Machinery 

§ 222. General Specifications. — In general specifications for ma- 
chinery and appurtenances, all essential requirements of the machine 
needed, and the work to be done by it, should be specified. These 
should be given in sufiicient detail so that manufacturers may under- 
stand what class of machinery is desired or what class is best adapted 
to the work. In such specifications, all general requirements that are 
fixed by the conditions should, so far as possible, be specified. If the 
machine must be horizontal or vertical, if its size must be limited, or 
if there are any other requirements which are definite and can be 
fixed, they should be stated. The conditions of installation and the 
other requirements for a pump will usually determine whether it 
should be a steam pump or a power pump, and if the latter, whether 
it should be reciprocating or centrifugal. If a powxr pump is re- 
quired, the prime mover to be used is usually known, and whether it 
will be operated by rope drive, belt or by direct connection. 

The requirements for a steam engine will usually determhie 
whether it should be simple or compound, condensing or non-condens- 
ing, and probably define certain other features which should be spe- 
cified. 

Unless the specifications limit the most common details, the bids 
under them will often embrace an exceedingly great variety of ma- 
chinery which will differ widely in the manner in which it will fulfill 
the requirements. Such a multitude of proposals for a great variety 
of machines, differing widely in character, will be difficult of com- 
parison even when the engineer is thoroughly familiar with the type of 
machinery in question and with the effect of changes in design on the 
economy of operation, and will leave the novice or those unfamiliar 
with the machinery greatly perplexed. 

General specifications, where few or no details are included, arc 
best adapted to occasions on which the competition can be limited to 
manufacturers known to be responsible and experienced, and whose 
line of goods can be taken largely on its merit with little or no ques- 
tion in regard to the character of material or of details. 

Where, as in the case of public lettings, the condition must be 
opened to all, and the award must be made to the lowest responsible 
bidder, such specifications do not offer a sufficient protection to the 
purchaser, and greater detail is essential. For such lettings, it is nec- 
essary to protect the purchaser from unscrupulous bidders, and the 
specifications must be drawn so compiete as to prevent the use of im- 
proper material and construction. 



General Specifications 359 

Limiting Details. — It is usually undesirable, except in special 
cases, to limit in great detail the dimensions of the parts of standard 
machinery. The standard machines of all first class manufacturers 
possess characteristics peculiar to that maker, characteristics on which 
much of the success of the machinery often depends, and on which 
the reputation of the manufacturer has been established. Specifica- 
tions requiring changes in such designs should seldom be written, and 
then only when the peculiar local conditions absolutely require such 
changes. If the type of machinery made by such a manufacturer 
comes within the requirements of the case in hand, the specifications 
should be drawn so broadly as to admit the use of the valuable features 
of all first class makers. For example, in pump and engine specifica- 
tions, it is usually undesirable and unfair to specify certain exact cyl- 
inder sizes and dimensions for, as a rule, no advantage will result, and 
the manufacturers whose standards are different are greatly and un- 
justly handicapped thereby. Similar unnecessary requirements con- 
cerning the exact dimensions of other portions of an engine or of other 
machines should be avoided. 

§ 223. Selections. — Where specifications are general and not 
specific, the standing and experience of the maker become important 
and an investigation of his general reputation, the length of his experi- 
ence, the facilities he possesses for manufacturing, and the design and 
workmanship of the machinery ordinarily made by him, is desirable. 
Frequently, extensive manufacturers of a certain class of machinery 
make a specialty of a certain type or capacity, and in such cases may not 
have the experience necessary for the successful manufacture of ma- 
chinery of a different type or capacity. A machine furnished and 
manufactured by such parties often possesses the general characters 
of experimental work, and is likely to be only partially successful. 
Letters and references are of little value in this connection, unless 
carefully investigated and found to be from responsible disinterested 
parties, and based on a class of machinery similar or identical with the 
class needed for the particular purposes at hand. 

§ 224. Detailed Specifications. — The preparation of detailed 
specifications departs from the general specifications only in the elabora- 
tion of the specification of details. 

Detailed specifications for standard machinery can generally be 
drawn in such a manner as to avoid the necessity of requiring special 
machines. The general details adopted by first-class manufacturers 
can be specified, and, where practice differs, specifications may be so 



360 Specifications for Machinery 

drawn as to admit the alternative of two or more first-class methods of 
manufacture. Such a method manifestly demands an intimate knowl- 
edge of correct practice, but such a knowledge is always necessary for 
correct specification writing. 

Considerable experience with the particular kind of machinery or 
apparatus in question is necessary before the engineer should venture 
to issue specifications in great detail. The builders of first-class ma- 
chinery, who are usually men of extensive experience, are slow to take 
contracts to manufacture machinery which is more or less special, and 
which may depart radically from the types or details they have found 
most desirable in their own line. Usually such specifications should 
be confined to requirements for workmanship and material, ample 
dimension and strength, and other requirements which will assure 
first-class construction and economy of operation without modifying 
seriously the fundamental design of the manufacturer. 

§ 225. Design Specifications. — When plans for a machine of 
new design are prepared, full and detailed specifications, describing the 
character of material and workmanship of each part, are essential and 
should accompany the working drawings. Such specifications admit 
of great elaboration, but even in these cases the design and specifica- 
tions should be kept within standard commercial lines with regard to 
sizes of rods, bolts, etc., wherever possible. Such specifications re- 
quire an intimate knowledge of the principles and practice of design 
and manufacture, and should be attempted only by the practicing en- 
gineer of experience. 

Contracts for special machinery of any kind can, of course, usu- 
ally be placed, if such machinery is essential to the particular installa- 
tion in view. Competition for such work however is limited, and the 
expense of departing from regular designs is often so large as to 
to make the price of special machinery considerably greater than that 
of regular types. This is essentially true of machines that can be 
classed as "standard," which are in general use and are manufactured 
in large quantities. In other classes of machinery and apparatus 
which are simple in design and more or less special, it is sometimes 
found that a considerable saving can be made over prices demanded 
by manufacturers for the adaptation of their special designs, by the 
preparation of detailed plans and specifications for the manufacture of 
a particular machine for a special purpose on carefully selected and 
economical lines. 

§ 226. Preparation of Specifications for Machinery. — In general, 
whenever a specification is prepared for any particular machine, it 



Preparation of Specifications 361 

must contain certain information which will be necessary as a basis 
for any intelligent proposal for the same. Every specification must 
be complete to this extent, even though it be in the simplest possi- 
ble form, such as a letter of inquiry for prices on the machine desired. 

From such a simp'e form, the specifications may be elaborated to 
the extent that the engineer finds it desirable to be more explicit as to 
his requirements for certain specific features, and even to the extent 
of including full detailed specifications (together with full detailed 
plans) for the size, dimensions, material and workmanship for each 
and every part of the entire machine. 

In considering the simplest requrements for machinery specifica- 
tions on which an intelligent bid may be made, certain data are found 
to be absolutely essential and certain other data are desirable. These 
may be classified as : 

A. Specifications which must always be included, and 

B. Specifications which should be included when practicable. 

In the preparation of specifications for machinery or apparatus, 
it is essential, especially for the young or inexperienced engineer, to 
prepare an outline for the general requirements which should be em- 
bodied in the specifications for the machine or apparatus under con- 
sideration. The manner in which this may be done is shown 'n the 
following outlines which have been used for some years by the author 
in his own professional practice. 

§ 227. General Requirements for Specifications for Steam Boilers. 
A. Specifications for steam boilers must always include: 

(a) Number of boilers required. 

(b) Steam pressure which the boilers will be called upon to furnish. 

(c) Boiler capacity required — 

Boiler horse power. 

Number of pounds of dry steam at specified pressure horse 

power and description of machinery for which steam is to be 

furnished. 

(d) \Purpose for which boilers are desired. 

(e) Boilers to be delivered where. 

(f) Foundations and settings to be furnished by whom. 

(g) Boilers to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with boiler, 
which may include some of the following: 

Complete boiler settings. 
Grates, plain or rocking. 
Smoke stacks and guys. 



362 Specifications for Machinery 

Furnace tools. 

Safety valve. 

Steam gauge, with siphon. 

Water gauge with stand pipe. 

Gauge cocks. 

Blow off valve. 

Check valve. 

Stop valve. 

Whistle steam piping and covering. 

(i) Time of delivery. 

(j) The bidder should be required to specify: 

Diameter of boiler. 

Length of boiler. 

Number, diameter and length of flues or water tubes. 

Weight of boiler. 

Weight of fixtures. 

Thickness of shell. 

Thickness of head, 
(k) Bidder should be required to furnish setting diagram showing 
floor space occupied, and position of all pipes and connec 
tions, or catalogue cuts or prints showing the type of boiler 
offered. 

(1) It is desirable to require the bidder to submit detailed specifica- 
tions describing the general and particular features in the 
construction of the boiler on which the proposition is sub- 
mitted. 

(m Avoid so far as possible specifying exact dimensions of features 
mentioned under "j," or all detailed specifications requiring 
departures from the maker's standard, mean extra and often 
unnecessary expense. 

B. Boiler specifications should also include: 

(a) Position — vertical or horizontal. 

(b) Type: 

Plain cylinder. 

Return tubular. 

Locomotive. 

Scotch marine, or 

Other internally fired boiler. 

Water tube. 

(c) Economy: 

Efficiency or economy required. 
Tests to be exacted. 

(d) Guarantee, insurance and forfeiture: 

Guarantee and insurance for one year against accident due to 

poor workmansnip or material. 
Forfeiture for delay and premium for early completion. 

(e) Payments. y^' "^ ~ 



Steam Engine 363 

§ 228. General Requirements for Specifications for Steam En- 
gines. 

A. Specifications for steam engines must always include: 

(a) Number of engines required. 

(b) Steam pressure under which the engines will be operated. 

(c) Horse power required. 

f Direct-connection to drive i 
„ ,, 4.- 4. ^ • What ma- 

(d) Engines to be used for } Belt-connection to drive L ^j^j^^^^^ 

I^Rope transmission to drive J 

(e) Engines to be delivered where. 

(f) Foundations to be built by whom. 

(g) Engines to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with engine, 
which may include some of the following: 

Sub-base. 

Indicator connections. 

Steam separator and trap. 

Driving pulley, clutch couplings, or other connections. 

Governor size — if throttling. 

Steam pipes and covering. 

Drain or drip pipes. 

Throttle valve. 

Oiling devices. 

Foundation bolts. 

Tools and wrenches, 
(i) Time of delivery. 

(j) The bidder should be required to state the dimensions of the fol- 
lowing parts of the machine on which he bids : 

Diameter of cylinder or cylinders. 

Length of stroke. 

Diameter and length of main bearings. 

Diameter and length of crank pin. 

Diameter and length of cross head pin. 

Dimensions cross head bearing surface. 

Diameter of fly-wheel. 

Weight of engine, 
(k) Bidder should be required to furnish setting diagram showing 
floor space and position of pipes, catalogue cuts or prints 
showing general type of machine offered. 

(1) Avoid as far as possible specifying exact dimensions of cylinders, 
specifications describing the general and particular features 
in the construction of the machine on which a proposition is 
submitted. 

(m) Avoid as far as possible specifying exact dimensions of cylinders, 
or other features mentioned under "j," or all detailed speci- 
fications requiring departures from the maker's standards 
mean extra and often unnecessary expense. 



364 Specifications for Machinery 

B. These specifications should also include: 

(a) Position — vertical or horizontal. 

(b) Expansion — simple or compound; cut-off; cylinder ratio; number 

of expansions or release pressure, 
(e) Condensing ornon-condensing. 

(d) Type: 

Slide valve. 
Automatic. 
Corliss, etc. 

(e) Speed: 

Piston speed. 

Number of revolutions, or 

Speed of periphery of band wheel. 

Where the engine is to be purchased to drive a particular ma- 
chine, either by belt rope or direct connection, the speeds of 
both driver and driven must be so mutually arranged as to 
obtain the required results. 

(f) Arrangement of crank: 

Center crank. 
Side crank. 

(g) Regulation and economy: 

Regulation or limiting variation of speed under variations in 
loading 

Efficiency or economy required. 

Test to be exacted, 
(h) Finish: 

Lagging. 

Painting. 

Polishing, 
(i) Guarantee and forfeiture: 

Guarantee for one year against breakage due to poor work or 
material. 

Forfeiture for delay, and premium for early completion, 
(j) Payments. 

§ 229. General Requirements for Specifications for Pumps. 

A. Specifications for pumps must always include: 

(a) Number of pumps required, and whether steam or power pumps. 

(b) Steam pressure under which the pumps will be operated 

Water pressure which the pumps will be required to furnish. 

(c) Capacity of pumps required in gallons per minute, or million gal- 

lons per day. 

(d) Service on which pumps are to be placed. 

Fire service. 

Elevator service. 

Direct pressure water works system. 

Pumping into a stand-pipe. 

Pumping into a reservoir. 

(e) Pumps to be delivered where. 

(f) Foundations to be built by whom. 



Pumps 365 



(g) Pumps to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with pumps, 
which may include some or all of the following: 
Indicator connections for both steam and water end. 
Steam pipe connections and covering. 
Steam separator and trap. 
Size of driving pulley. 
Drain or drip pipes and air cocks. 
Throttle valve. 
Oiling devices. 
Foundation bolts. 
Tools and wrenches, 
(i) Time of delivery. 

(j) Bidder should be required to specify diameter of cylinder or cylin- 
ders. 
Length of stroke. 

Weight of pump, together with such other information as the 
particular type of pump purchased will make desirable, 
(k) Bidder should be required to furnish setting diagram showing 
floor space and position of pipes and connections, catalogue 
cuts or prints showing general type of machinery offered. 
(1) In general, it is also desirable to require bidders to submit detailed 
specifications describing the general and particular features 
in the construction of the machine on which the proposition 
is submitted. 
B. These specifications should also include: 

(a) Position — vertical or horizontal. 

(b) Expansion — simple or compound. 

Cylinder ratio. 

Number of expansions, or release pressure. 

(c) Condensing or non-condensing. 

(d) Type: 

Single cylinder double acting. 
Duplex cylinder double acting. 
Crank and fly-wheel high duty. 

(e) Speed: 

Piston speed. 

Number of strokes or revolutions. 

(f) Economy: 

Duty. 

Efficiency or economy required. 

Test to be exacted. 

(g) Finish. 

Lagging. 
Painting. 
Polishing, 
(h) Guarantees and forfeitures. 

Guarantee for one year against breakage due to poor work or 

material. 
Forfeiture for delay, and premium for early completion. 



366 Specifications for Machinery 

(i) Payments. 
§ 230. General Requirements for Specifications for Electric 
Generator or Motor. 

A. Specifications for electric generators or motors must always include: 

(a) Number of machines required. 

(b) Class of machinery: 

Direct current, voltage, winding (shunt, compound or series). 
Alternating current: 

Voltage, regulation, frequency, phase and power factor un- 
der which machine will operate. 

(c) Capacity required in kilowatts or H. P. overload requirements, 

(d) Generator or motor to be used: 

Direct connected. 

Belt connected, or 

Rope connected to what machine. 

(e) Machines to be delivered where. 

(f) Foundations to be built by whom. 

(g) Machines to be erected by whom. 

(h) Specify tools, fittings and equipment to be furnished with ma- 
chines, which may include some of the following: 

Switch-board and connections, including voltmeter, ammeter, 
wattmeter, lightning arresters, switches, lights. 

Portable measuring apparatus, including voltmeters. 

Ammeters, 
(i) Time or delivery. 

(j.) The bidder should be required to specify type of machine on which 
proposition is made. 

Number of revolutions. 

Diameter and length of main bearings. 

Type of bearing. 

Efficiency at full, three-quarters and half load. 

Size of pulley (if used). 

Class of belt, or other connecting mechanism to be furnished. 

Guaranteed limit to heating under load. 

(k) Bidder should be required to furnish setting diagram showing the 
floor space and position of connections, catalogue cuts or 
prints showing general type of machine offered. 

(1) In general, it is desirable to require bidders to submit detailed 
specifications describing the general and particular features 
in the construction of the machine on which the proposition 
is submitted. 

(m) Avoid as far as possible specifying exact dimensions or other 
features mentioned in "j," for all detailed specifications re- 
quiring departures from the maker's standard mean extra 
and often unnecessary expense. 

B. Specifications for this type of machinery should also include: 

(a) Greater detail concerning type of machine desired. 



Electric Generator 367 

(b) Speed: 

Necessary specifications controlling speed, modified by the pur- 
pose for which machine is to used. 

(c) Regulation and economy: 

Regulation limiting variations of speed under variation in load. 
Efficiency or economy required under variations in load. 
Test to be exacted, 

(d) Finish. 

(e) Guarantee and forfeiture: 

Guarantee for one year against injury due to poor work or ma- 
terial. 
Forfeiture for delay and premium for early completion. 

(f) Payments. 

§ 231. Assignments for Preparing Outline of General Require- 
ments for Machinery and Apparatus. — The preceding examples sim- 
ply outHne in logical order the general requirements for those features 
which should or may be included in the specifications for certain ma- 
chines or apparatus. 

The student should select one or more of the following subjects, 
and should 

First: Furnish an outline of the requirements which should or may 
be included in the general specifications. 

Second: On the basis of the outline prepared he should write a let- 
ter to some leading manufacturer, including therein all data necessary to 
secure an intelligent proposition for the assigned machine or apparatus. 

Third: He should make a more complete outline for a general or 
detailed specification, arranging in logical order the various features and 
subdivisions which should be included in the specification for the subject 
assigned similar to the examples given in sees. 232 to 238 inclusive. 

Fourth: He should prepare a general or detailed specification for 
the selected stibject, in general accordance with the examples given in 
sees. 239 to 242 inclusive. 

§ 232. Subjects for Outlines and Specifications. 
Acetylene Blowpipe for Welding. 
Air Compressor. 
Air Pump for Condenser. 
Ammonia Compressor for Refrigeration. 
Ash Handling Machinery. 
Boiler — Fire Box, Scotch Marine, Water Tube, Steam Heating or Hot 

Water Heating. 
Condenser, Surface or Jet. 

Conveyor, Belt, Bucket, Cableway, Screw or Helicoid. 
Cooling Tower. 
Crane, Traveling or Gantry. 



368 Specifications for Machinery 

Derrick, Stiff Leg or Guyed. ^, ' 

.Dredge, Steam — Bucket. 

Drill, Rock — Steam Driven or Air Driven. 

Drill, Twist— Drill Press. 

Economizer. 

Engine, Internal Combustion — Gasoline, Kerosene or Producer Gas. 

Engine, Steam — Corliss, Cross Compound or Hoisting. 

Electric — ^Batteries, (Storage) Fuses, Heaters, Insulators, Lamps 
(Arc), Lightning Arresters, Meters, Motor-generators, Oil Drying Out- 
fit, Rectifiers, Relays, Regulators (Constant Current, Feeder or Volt- 
age), Rheostats, Switchboards, Switches (Air Break or Oil), Trans- 
former (Constant Potential or Constant Current). 

Elevator, Hydraulic — Plunger or Accumulator, 

Elevator, Electric. 

Forging Press. 

Furnace — Automatic Stoking, Foundry Cupola or Hot Air Heating. 

Feed Water Heaters. 

Fan — Mine-blowers, Dryers or Forced Draft. 

Gas Producer. 

Hoist — Mine Hoist, Tainter Gate Hoist. 

Hydrant for Fire Protection. 

Pile Driver — ^Drop Hammer or Steam Hammer. 

Pump — Boiler Feed, Centrifugal, Condenser, Power (Triple or Deep 
Well). 

Pump — Simple Single Acting Steam, Sinking. 

Ram — Hydraulic. 

Steam Shovel. 

Stokers — Mechanical. 

Turbine — Hydraulic or Steam. 

Valve — Foot, Check, Gate — for Steam, Water or Gas. 

Valve — Relief, for Water — Safety, for Steam Boiler. 

§ 233. Preparation of Outline for More Complete Specifications. 

— The previous outlines are those necessary for the simplest form 
of specifications needed to secure intelligent proposals for the ma- 
chines or apparatus desired. In most general specifications, and in 
all detailed specifications, a more complete outline should be pre- 
pared. This should include all of the various features and details 
which the engineer decides should be properly included. These 
should be set down in logical order, and each main heading should 
be subdivided into each item which must ultimately be described. 
In general, such an outline should include : 

First: The extent of the contract. This should describe briefly 
all of the items which are to be furnished under the proposed con- 
tract. 

Second: The number, type, capacity, service and requirements 
of the machines desired, 



Outline Specifications 369 

Third: The foundation, erection and finishing. 

Fourth: The appurtenances, tools, etc., to be furnished. 

Fifth: The details of the machine as far as they are to be set 
forth. 

Sixth: The drawings and specification to be submitted with 
the bid and to be made part of the contract. 

Seventh: The guarantees and tests on which the purchase is 
to be made. 

Eighth: The general requirements as to inspection, shipmen!t, 
payments, etc. 

The following outlines used by the author in his i)rofess*onal 
practice will give an idea of the arrangement suggested and the 
extras to be included in such outlines : 

§ 234. Outline of Specifications for a Steam Boiler. 

1. Extent of Contract: 

A. Boiler. 

B. Erection. 

C. Valves. 

D. Pressure gauge, gauge cocks and water columns. 

E. Feed and blow-off pipes and connections. 

F. Tools. 

G. Grate bars. 

H. Boiler accessories and appurtenances as specified. 

2. Number of boilers 

3. Rating. 

4. Type of boiler. 

5. Contractors' specifications. 

6. Details. 

A. General dimensions. 

B. Shell. 

C. Tubes. 

D. Material. 

(a) Shell. 

(b) Tubes. 

(c) Rivets. 

E. Workmanship. 

F. Bracing — Flanges and connections. 

G. Dome or dry pipe. 

H. Manholes and handholes. 
1. Wall brackets or other means of support. 
J. Bending bars, rear arch bars, anchors, etc. 
K. Furnace and grates. 
L. Stoker. 
7 Furnace settings and coverings. 

8. Breeching, smoke connections, stack and stack plate. 

9. Boiler fronts and floor plates. 
JO, Boiler acqessorie^. 



370 Specifications for Machinery 

A. Usual fittings: 

(a) Safety valves. 

(b) Steam gauge with siphon. 

(c) Water gauge with standpipe. 

(d) Gauge cocks. 

(e) Whistle and pipe. 

(f) Blow-off valve. 

(g) Check valve, 
(h) Stop valve. 

(i) Gauges — steam and recording, 
(j) Furnace tools. 

B. Piping. 

(a) Steam pipe. 

(b) Feed pipe. 

(c) Blow-off pipe. 

(d) Pipe covering. 

C. Feed pump. 

(a) Size and type. 

(b) Description. 

D. Feed water heater and purifier, exhaust head and connection. 

E. Injector and connections. 

F. Hot water meter and connections. 

G. Damper regulator. 

H. Coal cars — scales and track. 
I. Mechanical draft apparatus. 

11. Erection. 

12. Inspection and insurance. 

13. Efficiency of boiler, 

14. Test. 

15. Guarantee. 

16. Time of shipment, delivery or completion. 

17. Payments. 

§ 235. Outline Specification for Steam Engines. 

1. Extent of Contract: The work to be done under this contract shall include: 

A. The furnishing of steam engines. 

B. To be delivered 

(a) On foundations at 

(b) Free on board cars at I 

(c) Free on board cars at factory, ^ 

C. The foundations for said engine shall be constructed by 

(a) Contractor for the engine. 

(b) The purchaser. 

p. The engine shall be erected by 

(a) The contractor for the engine. 

(b) The purchaser. 

E. There shall also be included all connections, tools, equipment, acces- 
sories and appurtenances as hereinafter provided. 



Outline for Engine 371 



2 Capactiy: The engines shall each have a capacity for at least (indi- 
cated or actual) horse power. 

3. Service: The engines shall develop the horse power above specified under 

a boiler pressure of pounds, and shall be designated to 

operate under boiler pressures ranging from pounds to 

pounds. 

The engine is intended to operate an (electrical generator, power 

pump, main shaft, etc.), which has a speed of revolutions 

per minute, (on which there shall be placed a driving pulley 
inches in diameter by inch face), to which said en- 
gine is fo be connected by (rope, belt, friction clutch, or direct 
connection). 

4. Type of Engine: The engine shall be of the (slide valve, automatic high 

speed or Corliss) type, and shall have (single, compound or 
triple expansion) cylinders, and will be used (condensing or 
non-condensing). 

5. Drawings. 

6. Specifications. 

7. General design. 

8. General Dimensions: The bidder shall furnish with his proposal the fol- 

lowing dimensions of the engines on which his proposition is 

based : 
Diameter of high pressure cylinder. 
Diameter of intermediate cylinder. 
Diameter of low pressure cylinder. 
Length of stroke. 
Revolutions per minute. 
Piston speed per minute. 
Size of steam pipe. 
Size of exhaust pipe. 
Diameter of fly wheel. 
Weight of fly wheel. 
Diameter of band wheel. 
Weight of engine. 

9. General Details: 

A. Cylinder. 

Material. .: 

Lagging. 

B. Valves. 

(a) Steam. ' 

(b Relief or - " 

(c) Safety valves. 

C. Shaft. 

D. Bearings. 

(a) Main bearings. 

(b) Outboard bearings. 

E. Main rods. 

(a) Connecting rods. 

(b) Piston rod. 






372 Specifications for Machinery 

(c) Eccentric rod. 

(d) Valve rod. 

F. Pins: 

(a) Crank pin. 

(b) Cross head pin, 

G. Governor: 

(aj Shaft governor. 

(b) Throttling governor. 

(c) Automatic safety stop. 
H. Cross head. 

I. Cross head guides. 
J. Crank shaft. 
K. Fly wheel. 
L. Frame. 
M. Bed plate. 
N. Sub-base. 

0. Connection for power tranmission. 
P. Workmanship. 

Q. Finishing. 

10. FurnisMngs: 

A. Foundations. 

B. Foundation bolts. 

C. Pipes. 

(a) Steam pipes. 

(b) Exhaust pipes. 

(c) Drain pipes. 

D. Throttle valve. 

E. Separator. 

F. Gauges. 

G. Indicator connections. 

H. Lubricators and oiling devices. 

1. Tools, wrenches, etc. 
J. Condenser: 

(a) Class — jet or surface. 

(b) Piping and connections. 
K. Air and vacuum pumps. 

11. Erection. 

12. Marks. 

13. Tests. 

14. Guaranty and insurance. 

15. Time of Delivery. 

16. Payments. 

§ 236. Outline of Specification for a Power Pump. 

1. Extent of Contract: The work to be done under this contract shall include: 

A. The furnishing of power pumps. 

B. To be delivered 

(a) On foundations at 

(b) Free on board cars at factory. 

(c) Free on board cars at 



I 



Outline for Pump 373 

C. The foundations for said pumps shall be constructed by 

(a) The contractor. 

(b) The purchaser. 

D. The machines shall be erected by 

(a) The contractor. 

(b) The purchaser. 

E. There shall also be included all connections, tools, equipment, ac- 

cessories and appurtenances as hereinafter provided. 

2. Capactiy: The pumps shall each have a capacity of at least ( gal- 

lons per minute), ( million gallons per day of 24 hours) 

at a piston speed of not to exceed feet per minute. 

3. Service: The pumps shall be capable of pumping the quanity of water 

above specified against an ordinary (pressure of lbs. per 

square inch), (head of feet), or against a (fire pressure 

of lbs. per square inch), (head of feet) for fire serv- 
ice. 

4. Type of Pump: 

A. Cylinders: 

(a) Single. 

(b) Duplex. 

(c) Triplex. 

B. Action: "[ 

(a) Double acting. 

(b) Single acting. 
5 Efficiency. 

6. Drawings. ' 

7. Specification and description. 

8. General design. 

9. General dimensions. 

10. General details of construction: 

A. Pump frame. 

B. Water end: 

(a) Plungers — speed, capacity. 

(b) Stuffing boxes. 

C. Water valve construction: 

(a) Design. 

(b) Valve discs. 

(c) Suction valves. 

(d) Force valves. 

(e) Valve springs. 

(f) Valve seats. 

D. Power end: 

(a) Pinion shaft. 

(b) Pinion and gears. 

(c) Gear guard. 

(d) Speed of operating motor. 

(e) Size of driving pulley, friction clutch, etc. 

(f) Revolution. 



374 Specifications for Machinery 

E. Connections. 

(a) Connecting rods. 

(b Cross head and cross head guides. 

(c) Main crank shaft. 

F. Water connections. 

(a) Hand holes. 

(b) Air chamber and fittings. 

(c) Vacuum chambers. 

(d) Drip cocks. 

(e) Air cocks. 

(f) Air inlet. 

(g) Priming pipes, 
(h) Suction entrance. 

G. Lubricators and oil cups. 
H. Pipe sizes: 

(a) Suction and discharge pipes. 

(b) Small piping. 
I. Foundation bolts. 

J. Foundation 

11. Painting and finishing. 

12. Furnishings: 

A. Oilers and tray. 

B. Tools. 

C. Pressure gauge. 

D. Gauge boards. 

E. Revolution counter. 

F. Relief valve. 

G. Gate valve. 
H. Check valve. 
I. Connections. 

13. Erection. 

14. Marks. 

15. Factory tests: 

A. Of air chamber. 

B. Of pump. 

16. Tests for acceptance: 

A. Test for smoothness of working. 

B. Test for machine friction. 

C. Test of tightness and strength. 

D. Test of slip. 

E. Test for maximum working pressure and delivery. 

17. Guarantee and insurance. 

18. Time of completion. 

19. Payments. 

§ 237. Outline for Specifications for Duplex Steam Pump. 

1. Extent of contract. 

2. Class of pumps. 

3. Description of pumps. 



Outline for Pump 375 



4. Drawings. 

5. General design. 

6. Service. 

7. Material. 

8. Construction of pumps. 

A. Construction of water end. 

(a) Valve design. 

(b) Valve disc, 

(c) Suction valves. 

(d) Discharge valves. 

(e) Valve springs. 

(f) Valve seats. 

(g) Hand holes, 
(h) Suction entrance, 
(i) Air chambers, 
(j) Vacuum chambers, 
(k) Drip cocks. 
(1) Air cocks, 
(m) Priming pipes. , 

B. Construction of steam ends. ■ 

(a) Steam ports. , ■ 

(b) Steam valves. 1 

(c) Cushion valves. , 

(d) Clearance in cylinders. •] 

(e) Valve adjustment. I 

C. Fittings. > 

(a) Piston rods. ' 

(b) Valve rods. j 

(c) Water plungers. I 

(d) Stuffing boxes. \ 

D. Finishing. 

(a) Lagging. 

(b) General finish. ; 

9. Pipe connection: 

A. Suction and discharge. 

B. Steam pipes. I 
10. Furnishings: ^ I 

A. Oilers and tray. ' 

B. Oil cups. 

C. Tools. ■•■ \ 

D. Steam gauges. : 

E. Revolution counter 

F. Throttle valve. 

G. Relief valve. ' 
H. Cut-off valve. i 
I. Stroke gauges. 

J. Connections. j 

K. Foundation bolts. i 

L. Foundations. , 



376 Specifications for Machinery 

11. Erection. 

12. Marks. 

13. Factory tests: 

A. Of air chambers. 

B. Of pumps. 

14. Tests for acceptance. 

A. Test for smoothness of v.-orking. 

B. Test for machine friction. 

C. Test for tightness and strength. 

D. Test for slip. 

E. Test for maximum working pressure and delivery. 

15. Guarantee and insurance. 

16. Payments. 

§ 238. Outline for Specifications for a Pumping; Engine, 
i. Extent of contract. 

2. Number and class of engines. 

3. Service. 

4. Duty. 

5. General design. 

6. Construction of pumping engines. 

A. General description. 

B. Frame work. 

C. Galleries. 

p. Steam cylinders. 

E. Lagging. 

F. Throttle valve. 

G. Steam separator. 
H. Condenser. 

I. Governor. 
J. Water end: 

(a) Water way. 

(b) Valves and valve disc. 

(c) Plunger and plunger rod. 

K. Air and vacuum chambers. 

L, Air chamber fittings. 

M. Drip cocks. 

N. Air cock. 

O. Air inlet. 

P. Priming pipes. 

Q. Oil cups and lubricators. 

R. Indicator and connections: 

(a) Indicators. 

(b) Reducing motions. 

(c) Springs. 

(d) Scales. 

(e) Planimeter. 

(f) Connection. 

S. Foundation boltg, 



I 



Outline for Pumping Engine 377 

7. Furnishings: 

A. Oiler and tray. 

B. Tools. 

C. Revolution counter. 

D. Pressure gauges: 

(a) Standard, 

(b) Recording. 

E. Gauge board. 

8. General icorkmaiiship and material: 

A. Flanges. 

B. Nuts. 

C. Piping. 

D. Painting and finishing. 

9. Foundation. 

10. Erection. 

11. Marks. 

12. Guarantee and insurance. 

13. Time of completion. 

14. Tests of acceptance: 

A. Inspection and time allowed for tests. 

B. Tests for smoothness of workings. 

C. Tests for maximum working pressure and delivery. 

D. Duty tests. 

15. Payments. 

§ 239. The Specifications. — After the preparation of the outline 
previously described, the engineer should prepare with great care 
the specifications for the machine or appliance desired. All that 
has previously been discussed in regard to the writing of specifica- 
tions should be kept fully in mind, and everything should be done 
that will insure the specifications being full and complete, clear and 
explicit. If the outline has been prepared with care, the atten- 
tion of the engineer can be confined to the preparat.on of the spec- 
ification in carefully worded and exact language which will assure 
a clear interpretation of his requirements by the elimination of all 
indefinite, indeterminate and ambiguous language, and if all arbi- 
trary, unfair and unnecessary requirements are eliminated, he will 
be reasonably assured of low and intelligent proposals. The fol- 
lowing statement of the requirement of general specifications and 
the examples given will still further illustrate the matter and ar- 
rangement suggested. 

§ 240. General Specifications for Machinery. — When general 
specifications for machinery are to be issued they should include 
the following : ( For examples under each heading see specifica- 
tions following for steam engines and boilers.) i 



378 Specifications for Machinery 

1. Extent of Work. — In this specification should be defined in 
general terms what is required under the contract, including : 

A. The furnishing of the machine, or number of machines re- 
quired ; 

B. The point of delivery ; 

C. The preparation of foundations, and by whom ; 

D. The erection, and by whom ; 

E. The various furnishings, tools, fittings and equipment re- 
quired with the machine. 

2. Capacity. — Under th!s head, the capacity of the machine 
should be specified. This specification should define the amount, 
quantity or rate of work which the machine will be required to do 
or accomplish in a specified time. 

3. Service. — Under this head should be included the specifica- 
tions regarding the pressure or intensity under or against which the 
machine is to operate. This would include, in steam driven ma- 
chinery, the steam pressure to be furnished to operate the machine, 
and in pumps, compressors or electrical generators, the pressure 
against which the machinery is to operate. 

4. Type of Machinery. — In many classes of machinery, special 
types of machines are capable of operating with a greater or less 
degree of economy, and wherever possible the selection of the type 
of machine should be made by the engineer preparing the specifica- 
tions, without necessarily entering into the details of construction. 
When the type is given, the variation in the bids received is largely 
limited, and the selection of machinery becomes more particularly a 
question of price than where a large variety of types are consid- 
ered. 

5. Furnishings. — This specification should cover a description of 
the accessories, furnishings and fittings which are to be supplied 
with the machine in question ; it should include any auxiliary ma- 
chinery or apparatus and appliances which are desired and which 
are not normally a part of the machine. 

6. Design. — This specification should cover the details of the 
machine which are either definitely specified or which are to be left 
to the manufacturer to select in accordance with his own practice. 
The elaboration of the specifications for type and design is the es- 
sential feature in which the detailed specification varies from the 
general specifications. 



General Specifications 379 

111 general, the design of any machine should be — 
"such that all working parts shall be readily accessible for inspection and 
repair, easily duplicated, and readily replaced, with each and every part of 
the machine properly designed and suitable for the uses and service required." 

7. Drazvings and Plans. — This specification should describe the 
plans to be furnished by the bidder. These should usually include 
foundation plans, showing the general plan or outline of the ma- 
chine, including its general dimensions, with the location of all con- 
nections, and this specification should also require the furnishing of 
catalogues or photographs showing the machinery under considera- 
tion in satisfactory detail. 

A specification requiring the furnishing of detail working plans 
is not usually advisable. Most responsible manufacturers rightly 
refuse to part with such drawings which are largely the work of 
their extensive experience and are of too great value to be made 
public property. 

In special work, however, or when the manufacturer is present- 
ing a newly designed and untried machine, a requirement for the 
production of the detailed plans is often advisable, and may be nec- 
essary for safety. Such a requirement is useless, however, unless 
the engineer is sufficiently acquainted with machine design td be 
able to criticise intelligently the designs when so presented, and in 
other cases the reputation and experience of the manufacturer must 
be the main safeguard. 

8. General Guarantee and Insurance. — Under this head should be 
included a clause similar to the following : 

"The contractor guarantees the design, workmanship and material to be 
as described and specified herein, and also as described and specified in the 
detailed specification hereto annexed and hereby made a part hereof. 

"He further guarantees that all work and all material in said machinery 
shall be of the best quality and first-class in every particular. 

"He further agrees to replace any portion of said machinery shown de- 
ficient by the tests to be made on said machinery, or otherwise, or which 
shall within one year thereafter fail on account of being deficient in work- 
manship or material." 

9. Detailed Specifications. — This specification should require the 
manufacturer to furnish detailed specifications covering all features 
of the machinery, including workmanship and material, with such 
guarantees in regard to regulation, operation or economy as are to 
be required from him or given by him. Such specifications should 
be required to include specifications in detail of all furnishings to 
be supplied by him. 



380 Specifications for Machinery 

lo. General Information. — Under this head the contractor should 
be required to describe with brevity the main dimensions of the im- 
portant parts of the machine to be furnished, includ-ng the total 
weight of machine, weight of such parts as may be essential for 
comparison, revolutions or speed, and the various essential facts on 
which a comparison of the class of machinery to be furnished can 
be most satisfactorily made, including also time of delivery or of 
completion. 

There should usually be included in the specifications, a list of 
the data required with blanks left to be filled out with same. By 
this means comparison and selection will be greatly facilitated. 

§ 241. Specifications for Furnishing a Boiler. 

1. Extent of Contract. — This contract shall include the furnish- 
ing of the following described for , including all neces- 
sary accessories, as herein specified, and in accordance with the detailed 
plans and specifications submitted by the contractor and accepted by the 
party of the first part, which plant shall include the following items : 

A. The boiler complete. 

B. The erection of the same, including furnishing all material 
and labor for the foundation and setting of the boiler. 

C. All stop and safety valves and connections. 

D. Nickel plated eight-inch (8") dial gauge and gauge cocks and 
water column. 

E. The steam pipe to the engines, suitably covered and pro- 
tected. 

F. All necessary feed and blow-off pipes, valves and connjc- 
tions. 

G. Fire, cleaning and other tools. 

H. Track scale and hot water meter. 
/. Shaking grate bars of acceptable pattern. 
/. Stack connections. 

2. Number Required. — There shall be one (i) one hundred and 
fifty (150) horse power boiler. 

3. Rating. — The horse power of the said boiler shall be rated on 
an evaporation of thirty (30) pounds of water per horse power per 
hour under seventy (70) pounds of steam pressure, with feed water 
at a temperature of one hundred degrees (100°) Fahr., or the equiv- 
alent to such conditions. The boilers shall be designed to sustain a 
working pressure of one hundred and fifty (150) pounds. 

4. Type of Boiler. — The boiler shall be an internally fired return 
tubular boiler, water tube boiler, or return tubular boiler. 



Boiler 381 

5. Description and Drazving. — Detailed description and draw- 
ings, tracings or prints shall be furnished, describing and showing 
in detail the dimensions of all and every part of the boiler and the 
appurtenances thereof. Said descriptions and drawings shall show 
the size and thickness of all plates and pipes, the character of ma- 
terial from which all portions of the boiler are to be made ; and said 
description and drawings shall indicate clearly, the construction 
and method of operation of all the details. These drawings shall 
comply strictly with the specifications, and the boiler w^hen set and 
ready for use must conform strictly with the drawings as furnished 
by the contractor and accepted by the party of the first part. 

6. Furnace and Setting. — The furnace shall be first class in every 
particular and of suitable design. The furnace and all parts ex- 
posed to the direct flames shall be lined with the best quality of fire 
brick, set with two by eight inch face to the fire, and said brick shall 
be set in tempered fire clay. Boiler must be so designed and ar^ 
ranged as to prevent all unnecessary radiation and, if necessary, the 
boiler shall be set in a suitable air-tight brick setting and all ex- 
posed parts shall be covered with magnesia sectional covering. 

7. Front. — Boiler front shall be of a neat and artistic design ap- 
proved by the engineer. All joints, seats and faces shall be fitted 
closely and neatly. 

8. Pipe Connections. — All pipe connections necessary for the 
operation of the boiler shall be made by the contractor and shall in- 
clude all pipe between the boiler and the feed pump and between 
the boiler and engines. Said p p ng shall be so arranged that this 
boiler may be used independently or in connection with the boilers 
already in use, and in such manner that its use can be discontinued 
at any time and the other boilers used to operate any engine. Said 
piping shall be placed on plans approved by the engineer. All steam 
pipes shall be properly and thoroughly covered with magnesia sec- 
tional covering containing at least 80 per cent pure oxide of mag- 
nesia. 

9. Furnishings. — There shall be furnished and installed with 
this boiler all necessary appurtenances for its care and management, 
including gauges, valves, etc., and all necessary fire and cleaning 
tools. There shall also be provided one track scale for weighing the 
coal used in the holers. There shall also be installed on the feed 
water pipe, one hot water meter so arranged as to measure the 
amount of water fed to the boiler and also arranged so that it may 
be readily tested at any time, 



382 Specifications for Machinery 

10. Inspection and Insurance. — The boiler shall be inspected and 
insured by the Hartford Steam Boiler Inspection and Insurance 
Company, or some other first-class insurance company satisfactory 
to the party of the first part, for a period of one year, and a receipted 
bill for paid insurance and a certificate of inspection shall be fur- 
nished the party of the first part by the contractor. 

11. Efficiency of Boiler. — The boiler shall give the efficiency guar- 
anteed by the contractor in his proposal. Said efficiency shall be 
based on the evaporation of water into dry steam per pound of com- 
bustible from and at 212 deg. Fahr. temperature, when burning an 
average quantity of coal of the quality commonly used for boiler 
purposes at , or, when preferred, when burning any qual- 
ity of such kind of coal as may be specified and furnished by the 
contractor. In either case a continuous test of any duration up to 
twenty-four (24) hours may be made, and while running the ma- 
chinery or otherwise, as the engineer may elect. Said test shall be 
made in conformity with the revised code of the American Society 
of Mechanical Engineers. 

12. Guarantee. — The contractor guarantees the design and work- 
manship to be as described and specified in these specifications and 
in the specifications furnished by him and accompanying his b'd 
for the work in question. He further guarantees all work and ma- 
terial in said boilers to be of the best quality and first-class in every 
particular. He further agrees to replace any portion of said ma- 
chinery shown deficient in test or otherwise, or which shall within 
six (6) months thereafter give out on account of being defective in 
workmanship or material. 

13. The contractor further agrees to have the plant complete 

and erected on foundations and ready for use by the day of 

, 19. .. Subject to the general form of the contract. 

14. Payments. — Fifty percent, of the contract price for said boiler 
shall be due and payable when the boiler is received in apparent 
good order at Fifty percent, shall be due and pay- 
able after the boikr has been successfully tested in accordance with 
those specifications. 

§ 242. Specifications for Furnishing a Steam Engine. 

I. Extent of Contract. — This contract includes the furnishing 

and erecting of a steam engine and appurtenances for , for 

use in operating a triplex power pump, also the various appurte- 
nances and accessories described and specified herein, all to be in 
accordance with these general specifications and the detailed spec- 



Steam Engine 383 

ifications and plans submitted by the contractor and accepted by the 
])arty of the first part attached hereto, marked ''Exhibit D" and 
which are hereby made a part hereof. 

2. Plant Required. — There shall be furnished one (i) steam en- 
gine of a capacity of ninety (90) actual horse power. 

3. Service. — The engine shall be capable of furnishing the actual 
horse power above specified and shall be so rated at ninety (90) lbs. 
steam pressure. The engine shall be designed to stand a working 
pressure of one hundred and ten (no) lbs. and shall be capable of 
operation at full speed without shock or jar. 

4. Steam Consumption. — This engine will operate for domestic 
service at about forty (40) actual horse pow'er and must be designed 
for economical operation at this rate. It must also be capable of 
furnishing ninety (90) actual horse power for fire service. 

Economy for fire service is not so essential and will not in- 
fluence the selection of the engine to the extent that the selection 
will be influenced by economy for domestic service. The steam 
consumption when delivering forty (40) actual horse power must 
not exceed forty-five (45) pounds of dry steam for each actual horse 
power delivered, and a guarantee of greater economy will have addi- 
tional weight in the selection of the engine to be used. 

5. General Design. — The design of said engine shall be such that 
all working parts shall be readily accessible for inspection and re- 
pair, easily duplicated and each and every part suitable for the use 
and service required. 

6. Description and Drawings. — Detailed description, drawings, 
tracings or prints shall be furnished showing in detail the size of 
each and every part of the machinery and the appurtenance thereof, 
and the character of the material form which the same is to be 
made, and shall indicate clearly the construction of all details and 
the manner of working the same. These drawings shall comply 
strictly with the specifications, and the machinery must conform 
strictly with those detailed plans as furnished by the contractor and 
accepted by the party of the first part. 

7. Regulation. — The regulation of speed shall be such that no 
variation in load from no load to full load shall vary the speed more 
than three (3) per cent with any boiler pressure between eighty (80) 
and one hundred and ten (no) lbs. 

8. Details. — A. Cylinder Lagging. — The cylinder shall be cov- 
ered with suitable non-conducting material to prevent radiation. This 
in turn shall be covered with suitable lagging which shall be prop- 



384 Specifications for Machinery 

erly mounted and shall accurately conform to the cylinder and 
steam chest. 

B. Connection for Poiver Transmission. — The power shall be 
transmitted from the engine to the triplex pump which said engine 
is intended to operate, by means of a flexible coupling, which shall 
be under this contract and which shall be so arranged as to take 
care of any slight error in the relative alignment of the two ma- 
chines without . undue loss by friction or the heating of journals. 
The flexible coupling shall be of a design approved by the engineer. 

9. Indicator Connections. — The engine shall be tapped for the 
indicator and shall be provided with a set of brass indicator pipes, 
with half -inch ang:e valve near each tap and pipes to lead to a half- 
inch standard thread three-way cock at about the center of the 
cylinder. 

10. Separator. — The engine shall be provided with a steam sep- 
arator of satisfactory design and of sufficient size to protect the en- 
gine from water in the steam. The drip of said separator shall be 
connected by one-half (3^) inch brass pipe with a steam trap of ap- 
proved make to be furnished by the party of the second part. 

11. Finishing. — All unfinished iron work on said engine shall 
be well and thoroughly painted three coats of paint of acceptable 
color. All lagging shall be neatly finished and all brass work and 
polished work shall be finished in a first class and acceptable man- 
ner. 

12. Pipes. — A. Steam Pipes. — All steam pipes and openings 
shall be of ample size to prevent undue friction and loss of pressure. 
The steam piping within the engine room shall be furnished and 
placed by the contractor for the engine in a manner satisfactory to 
the engineer. All live steam pipe shall be covered by magnesia sec- 
tional covering in a satisfactory manner. 

B. Drain Pipes. — All drain pipes shall be of brass, properly and 
neatly fitted and so connected as to conduct the drip into the sewer. 

13. Foundations. — The contractor shail furnish necessary blue 
print or drawing showing the location of all foundation bolts and 
the form of foundation required for the engine which foundation 
will be furnished by the party of the first part. 

14. Furnishings. — A. Throttle Valve. — A gate throttle valve with 
flange connect'ons and of approved design and manufacture shall 
be furnished with the engine and attached to the steam supply pipe 
to the engine. 



Steam Engine 385 

B. Oiling Devices. — There shall be furnished with the engine a 
one-pint sight feed' lubricator with connections of approved pat- 
tern, also all necessary oil cups and arrangements for proper and 
thorough lubrication. 

C. Tools. — There shall also be furnished with the engine all nec- 
essary wrenches and tools needed for the proper operation, inspec- 
tion and ordinary repairs of said machinery. All tools to be of the 
best workmanship and material and satisfactory to the engineer. 

D. Foundation Bolts. — There shall also be furnished the neces- 
sary foundation bolts to be of approved number, size, and length. 

15. Erection. — The contractor shall erect the engine on the 
foundation provided, and shall connect the same with all appur- 
tenances thereto, including all necessary steam fitting from the en- 
gine to the main steam pipe, and the equipment of said engine for 
active service. He shall also furnish a competent man to operate 
said engine during the test and to give instructions to the engineer 
of the party of the first part. 

16. Marks. — The engine shall be suitably marked with the mak- 
er's name and the principal dimension of the cylinder and length of 
stroke ; the plates containing said data to be of neat and artistic de- 
sign. 

17. Tests. — The test for efficiency will be made for a period of 
ten (10) hours. In the performance of said duty the steam pressure 
will not exceed one hundred (lOo) lbs. nor be less than ninety (90) 
lbs. per square inch. No deductions of any kind whatever, other 
than herein specified, shall be allowed in the estimate for capacity 
or efficiency. The failure of the plant to perform its duty during 
such test will cause the rejection of the engines unless the contractor 
shall make such alterations in said machinery as shall be necessary 
in order that it shall accomplish the specified duty. The efficiency 
and economy shall be calculated on the number of pounds of feed 
water used and on the basis of dry steam. The exhaust of the 
plant will be delivered into a feed water heater through which the 
feed water will be forced. The feed water will be taken from the 
reservoir. The tests shall be made by and under the direction of 
the consulting engineer. 

18. Guarantee. — The contractor guarantees the design and work- 
manship to be as described and specified in these specifications, and 
in the specification furnished by him and accepted by the party of 
the first part for the work in question. He further guarantees all 
work and material in said machinery to be of the very best quality 



386 Specifications for Machinery 

and first-class in every particular. He further agrees to replace any 
portion of said machinery shown deficient in the test or otherwise, 
or which shall within one (i) year thereafter give out on account 
of being defective in workmanship or material. 

19. Time. — The contractor further agrees to have the plant com- 
plete and errected on foundations by the day of , 

19.., subject to the general conditions in regard to time and com- 
pletion set forth in the general form of contract. 

20. Payments. — No payments shall be made until the plant is 
erected, tested and accepted, and if the engine shall not prove in the 
specified test equal in all particulars to the guarantee, then and in 
that case, the party of the first part shall have the right to use such 
plant for a period of time sufficient to allow them to purchase and 
erect another plant of satisfactory design, and the use of such re- 
jected plant under the conditions above named shall be without ex- 
pense to said party of the first part otherwise than the cost of oper- 
ating the same. 

The agreed price will be paid by the party of the first part when 
the plant is tested and accepted. 

§ 243. Selection of Machinery. — In the selection of machinery 
or apparatus it is usually desirable, so far as practicable, to choose those 
designs which have actually been developed and which have proved sat- 
isfactory by actual use under wide range of conditions. The use of the 
new designs which have recently been developed, even by those who have 
had extensive experience with similar designs but of a different kind or 
capacity, is attended with considerable risk. One of the early personal 
experiences of the writer will perhaps serve as a typical illustration of 
the unfortunate results of the failure to observe this precaution. 

A factory was built for the manufacture of certain clay products 
from which a somewhat unusually large capacity was desired. Ma- 
chinery was available from two sources. In one case, the manufacturer 
had a large number of machines of the capacity required in successful 
operation under a wide range of conditions ; in the other case, the sec- 
ond manufacturer had many similar machines in local and successful 
use, but of only one-half the capacity required. The second manufac- 
turer desired to develop a machine of greater capacity and pointed out 
their wide experience with the smaller machines and the ease and safety 
with which they could enlarge the capacity and develop a machine which 
should be perfectly successful. This they agreed to do at a price of less 
than one-half the price demanded by the first manufacturer. The de- 
velopment appeared so simple that the lower bid was accepted, and the 



Selection of Machinery 387 

machines manufactured and installed. The results were a season spent 
in a constant repair of breakage, and consequent shutdowns, occasioned 
by improper design. The output of the factory was decreased for the 
season by at least one-half, and although the manufacturer finally de- 
signed- a satisfactory machine and furnished a new unit to the factory 
without further compensation, the delays and repairs exceeded the 
original cost of the machine many times and entailed a heavy loss which 
might have been eliminated if the more expensive but fully developed 
machine had been selected. The second manufacturer learned how to 
design and construct his machine at the expense of the factory which 
used the first design. Such experience is not uncommon. Experience 
must be paid for, and it is usually much more economical for the individ- 
ual to pay for the experience of others by a higher cost of equipment 
than to pay the larger expense of personal experience. 

Guarantees of replacement of a machine, should it prove unsatis- 
factory, are often easily obtained but it is seldom a manufacturer 
will undertake to pay the consequent damages, and the prospect of such 
damages when an undeveloped machine is adopted, is usually too great 
to warrant its installation even at a greatly reduced price. 



CHAPTER XX 

DESIGNS AND SPECIFICATIONS FOR ENGINEERING AND 

ARCHITECTURAL WORK 

§ 244. The Investigations. — Prior to the design of any plant or 
structure a thorough investigation should be made of the nature of the 
material which must be excavated or moved, of the foundation on which 
the structure must rest, and of the material into or through which tun- 
nels, channels, foundation piles, caissons or other structures must be 
driven. The character, the quantities and the physical conditions of 
such materials should be determined so far as practicable. It is often 
the case that the decision to build or to carry out an improvement is 
followed immediately by a demand for construction at such an early 
date that a proper examination of the conditions is not possible. Such 
haste in construction is undesirable and almost invariably entails extra 
expense. 

The failure to make suitable investigation of these conditions and 
to secure the desirable information, both for the use of the engineer in 
designing and estimating the cost of the work and for the use of the 
bidder in the preparation of his proposal, is often due to false economy 
on the part of the owner or of the management of the company who 
proposes to construct the work. The cost of thorough preliminary in- 
vestigation is often considerable, and it is sometimes assumed that any 
extensive preliminary examination is unnecessary. When the en- 
gineer yields to necessity or persuasion and fails to secure the proper 
information, he is nevertheless blamed for any trouble and expense 
which may follow. If the bids received, based on insufficient informa- 
tion, are unduly high or if the quantities estimated on the same uncer- 
tain basis are found seriously in error, he is blamed for troubles which 
he has had no means of preventing. 

Preliminary information will permit plans to be drawn to fit the 
actual local conditions, instead of assumed conditions which do not ob- 
tain and will save needless expense and much more than enough to pay 
the preliminary costs, to say nothing of the efifect of such information 
in reducing the prices bid for the work. The engineer, therefore, 
should place the necessity for such preliminary investigations and the 
advantages which will accrue therefroni squarely before his clients, 
and insist on sufficient time and expenditure to secure the information 



Investigations 389 

necessary for both purposes. The low bids received on ahiiost every 
job on which adequate information is furnished by the engineer to 
prospective bidders is proof of the saving effected in the cost of the 
work, and this is in addition to the saving accompHshed by the conse- 
quent proper design. Everything that can be done to make the con- 
ditions bearing upon the required work clear and certain has an ad- 
vantage in reducing the prices which will be bid for the work, and the 
converse is also true. 

§ 245. Unsatisfactory Practice. — It is unfortunately common 
mistaken practice to require the contractor to assume all risk and re- 
sponsibilities concerning the character and sometimes even concerning 
the relative amounts of the different kinds of material. 

Good sense seems to warrant the conclusion that, in dealing with 
intelligent men something cannot be secured for nothing, and experi- 
ence has demonstrated that whenever such an attempt is made it 
usually results in unnecessarily increased cost. 

An intelligent contractor, if he bids at all on plans and specifica- 
tions which are uncertain or manifestly unfair, will add a sufficient 
sum to compensate him for the uncertainties and the unfair treatment 
he must expect, and to be safe will usually add more than enough to 
cover the probable expense. The client thus pays more, and usually 
much more, than he would under definite plans and specifications. 

When only incomplete investigations have been made by the en- 
gineer, contractors are usually invited to make their own investigations 
in order to determine the nature of the formation in or throusrh which 
the work is to be built. It is evident that such a policy is a poor one, 
for if carried out it involves cons'derable expense perhaps for each of 
a large number of contractors, all of whom must investigate the con- 
ditions to their own satisfaction. It is evidently desirable in order to 
avoid expense that only one such investigation should be made, that it 
should be made by the engineer of the parties letting the work and that 
it should be thorough and sufficient for the use of all parties interested. 
This question is an important one and one that has many bearings, 
all of which should be considered. That such unfair and unsatisfac- 
tory practice is quite common is evident from numerous specifications 
of which the following from a proposed contract for grading a railroad 
is an example '} 

"Contractors bidding on the work are invited, at their own cost and ex- 
pense, to put down test holes or borings, to determine the nature of the soil 



1 See Eng. News Sup., Vol. 50, page 20. 



390 Specifications for Engineering Work 

and underlying formation, and every facility will be given by the company 
to the contractors for that purpose." 

"It must be particularly understood that the bidding on this work will 
be without classification for excavation and grading, and that the contractor 
must personally examine the geological formation; and no claim upon the 
company may hereafter be made on account of misinformation stated to 
have been given by any employee of the Company or Board." 

It is evident that no intelligent contractor will assume uncertain- 
ties such as are involved in the above specifications without consider- 
able investigation and without expecting adec^uate compensation. A 
conservative contractor will probably refuse to undertake such an in- 
vestigation, because the chances of his securing the work are remote. 
The number of firms that will attempt to make such an investigation 
will therefore be small and the competition will be limited. Such 
firms will bid high enough to cover the cost of all possible contingencies, 
and the cost of the work will be unnecessarily increased. 

§ 246. Difficulties. — To make a thorough investigation of the 
actual conditions on a project, to determine the quality and quantity of 
the various kinds of material to be encountered and to show them by 
plans, drawings and definite specifications, involves not only time and 
expense but also the responsibility for any accidental misstatement of 
the exact facts. Underground conditions are very uncertain and can- 
not be readily determined even by elaborate borings. Variations in the 
strata are liable to occur which will not be determined even though the 
borings are fairly close together and it is evident that such investiga- 
tions must have a practical limit. Any departure from the positive in- 
formation given may result in demands for extra compensation, and 
even slight variations which might not actually affect the cost of the 
work will give an unfair contractor an opportunity for excessive de- 
mands for extra compensation; whereas if the contractor is required to 
assume the responsibility for changes, no such claims can be main- 
tained. It is believed that this danger is one of the chief reasons why 
so much responsibility is frequently forced on the contractor, even 
when it is recognized that such responsibility entails extra expense. 

It is desirable to remove hazard to as great a degree as practicable, 
both in order to secure reasonable b"ds and for the sake of fairness. 
The owner must expect to pay a fair price for his construction under 
the conditions that actually obtain, and he will certainly be compelled 
to do so unless some mistake is made by the bidders. The technical 
problem involved is to determine and show by plans and specifications 
as nearly as possible the actual conditions that obtain in order to se- 



Difficulties 391 

cure low prices through protection to the contractor in his bidding, 
and to protect the owner from unjust claims based on slight variations 
which do not affect the cost. This can often be done by determining 
the quality and kinds of material through sami)le borings and by ar- 
ranging to pay for possible variations in estimated amounts in accord- 
ance with their actual occurrence. 

In the excavation of trenches, tunnels, etc., a large item of ex- 
])ense is the cost of handling the water that may be encountered. In 
many specifications the contractor is required to take the risk as to 
what this may cost. The removal or reduction of the risk is a relief 
to the contractor and will usually reduce the price bid for the work. 
Such a clause in tunnel work is occasionally introduced essentially as 
follows : 

"The contractor will be required to pump out of the upper section of 
the tunnel, 10,000 gallons per day of 24 hours, without charge, regardless of 
the amount of lift. -Any excess of water will be paid for at the rate of 1,000 
gallons specified in the proposal. " 2 

The last sentence in the above spec'.fication is objectionable on 
account of the fact that the amount of the excess water cannot well be 
estimated, and therefore no basis of comparison of various b"ds is pos- 
sible on this item. It would apparently be better to state in the speci- 
fication an amount which will be paid to contractors for each 1,000 
gallons, although such a specification would probably be illegal in pub- 
lic contracts where the work must be let to the lowest responsible bid- 
der.^ 

Under such contracts, in all cases where the cost of any extra 
work is fixed at cost plus a percentage, or where provision is made for 
any incidental rock excavation or other contingent expense, at a cer- 
tain fixed price per unit, the payment for such work can be enjoined 
by a taxpayer. The only safe method therefore under public con- 
tracts is to ask for a percentage bid for extra work or for a unit price 
for any other contingent expense. 

§ 247. Deep Wells. — In some cases, a complete investigation is 
evidently inexpedient. For example, in deep borings and in the drilling 
of deep wells, while the nature of the geological strata can in general 

2 See. Eng. News, Vol. 52, p. 363. 

•" "When the law provides that the contracts for public work shall be let 
to the lowest responsible bidder, any provision in the contract which fixes 
the price for extra work without having invited bids on that item, is illegal, 
and payments at rates specified may be enjoined at the suit of the tax- 
payer."— Moynahan V. Birkett, S. P. 2, Dept. 31, N. Y. Supreme Court 293. 



392 Specifications for Engineering Work 

be ascertained, these strata are known to vary to a considerable extent 
in character and thickness from point to point and no means of ac- 
curately determining their exact nature and extent are available ex- 
cept by the construction of the well itself or a smaller one in the im- 
mediate vicinity which would involve an expense very greatly in ex- 
cess of the benefit derived. In such cases, therefore, a statement of 
the approximate geological conditions seems desirable and, in general, 
the contractor should expect to take the risk of the uncertainties in the 
characters of the strata, and for which he must demand proper com- 
pensation. Provision should be made for the possibility of encounter- 
ing caving material, for which contingency extra expenses may be oc- 
casioned by the necessity for enlarging the well and casing off the 
caving material in order that greater depths may be reached with the 
desired well section. It will usually prove economical for the owner 
to assume the responsibility for this extra expense, for if he does not 
he will probably pay the extra cost in higher prices, whether or not 
the expense is actually incurred. 

§ 248. Investigations for Sewers. — In investigations for sewers 
the nature of the material which will probably be encountered is usu- 
ally determined by borings or soundings. Such materials are often 
classified similarly to those in railroad excavation, and on this basis 
payments are ordinarily made. This limits the chances taken by the 
contractor and to a much greater extent than where he is left to es- 
timate the varying amounts of such materials on the basis of the bor- 
ings which have been made. The unevenness of the strata through- 
out the extent of the sewer system is so great that it is usually inex- 
pedient to take sufficient borings to determine with accuracy the 
amount of rock which will be encountered. The variations in rock 
should not be at the risk of the contractor so far as amounts are con- 
cerned, and the expense incurred in making the necessary borings will 
be more than returned by the lower cost. 

A clause in which the burden is thrown upon the contractor is as 
follows :* 

"The Borough does not warrant the correctness of the soundings as 
marked on the profile. The contractor must assume all risks resulting from 
any difference from the soundings found to exist when the sewer is built." 

In Sewer w^ork, the greatest item of uncertainty usually arises not 
through the question of rock or earth, but from the variation in the 
qualities of soil and through the presence of water. These materials 
may consist of: (i) earth more or less easily caving; (2) earth or 



4 Eng. News Sup., Vol. 50, p. 305. 



Designs 393 

clay consol dated and free from cavings ; (3) sand with or without 
water; (4) fine sand or quicksand and water. 

It is usually inexpedient for the engineer to offer the above clas- 
sification, and the questions of these materials and conditions, while 
they should be determined as clearly as practicable and given to the 
contractor as data for use in preparing his bid, must usually be at the 
contractor's risk. 

§ 249. The Basis of Designs. — In every technical endeavor the 
object involved is the accomplishment of certain definite results at a 
minimum expense, cither immediate or ult'mate. If a structure is to 
be built both utility and a certain degree of beauty are usually involved. 
If permanent, it should not be unsightly, and its utility may demand 
any degree of artiste development from a plain but s'ghtly structure to 
those structures which are created only for their artistic merit. In each 
case, however, the object is to accomplish the maximum of utility for 
the minimum of expense. No unnecessary expense is warranted. The 
structure must be safe and the degree of safety must be measured by the 
possible disastrous results of failure. Factors of safety must be intro- 
duced and are made necessary by variation in strength of material, un- 
certainties of manufacturing processes and uncertainties of loadings 
and consequent strains to which the structure may be subjected and to 
various contingencies to which it may be exposed. The limitations of 
strength, and the extent to which artistic considerations will prevail 
will always be a question of experience and judgment, and while these 
should be fixed with intelligence, in most cases a doubt may remain as 
to whether their limits are too small or too great. Safety must be bal- 
anced against expense, and the expense considered must always involve 
both first cost and upkeep. 

In operating plants, questions of efficiency also arise ; first cost and 
upkeep are important, but the running expense must be considered, and 
greater expense of installation and maintenance may be warranted by 
greater or more satisfactory output. In all cases, a balance between 
expense and results must be struck and the technical man is responsible 
for establishing a proper equilibrium between these various factors. 

§ 250. Design. — To design properly any structure or plant the 
designer must be familiar with the methods which must be used in 
construction in order that the construction shall be practicable and can 
be economically performed. The design and the consequent specifi- 
cation should not include unnecessary refinements or unreasonable re- 
([uirements that will add to the expense without giving corresponding 
benefits. The design will have a large eft'ect on the cost of construe- 



394 Specifications for Engineering Work 

tioii and this fact should be duly considered before arbitrary and un- 
usual details are finally adopted. Designs should be based upon the 
consideration of first cost, the cost of maintenance, and in certain 
cases, the cost of operation as well. Low first cost should not be se- 
cured at the expense of high maintenance or high operating expense 
but true ultimate economy should be considered whenever practicable. 
In some cases temporary construction can follow only with the 
development of the property. In plants which are to be maintained 
and operated there is a personal equation which must be considered. 
Who will operate and maintain the plant or structure? The capacity 
and ability of those on whom dependence must be placed for this pur- 
pose, needs careful consideration. High grade machinery and diffi- 
cult ma'intenance must not be trusted to incompetent men and where 
inefficient assistants must be utilized for such purposes, simplicity of 
design is highly essential. In the arrangement of an operating plant 
the same factors must be considered. If the plant is so arranged that 
the easiest thing to do is the right thing to do, it may confidently be 
expected that it will be done but not otherwise. It is not enough that 
a plant be well and economically designed and carefully constructed. 
It must also be easily maintained and readily operated by the class of 
men that can be secured for such purposes, and these factors are equal 
in importance to the other physical factors in shaping the design. 

The study for a design requires an extensive investigation of the 
various types of similar development that are in practical use and the 
adaptability of such designs to the conditions of the particular locality 
under consideration. It is seldom that plans, no matter how success- 
fully carried out in one place, can be duplicated to advantage in an- 
other. Each plant should be built to meet the particular conditions 
under which it is to be installed, maintained and operated, and the best 
ideas from all sources that will apply to the local conditions should be 
correlated and embodied in the proposed design. Extensive experi- 
ence, observation, and study are each desirable and essential for the 
best results. 

The structure Avhen completed should be suitable in every way 
for its purpose but no unnecessary expense should be incurred. The 
best of everything is not always essential or desirable. 

''Reduction of first cost to the lowest possible point is in logical 
or economical order the first consideration ; although therefore not by 
any means either the most important or the governing consideration. 
That this is so is easily seen, however often forgotten. It is not only 
businesslike common sense for investors and their servants, but it i> 



Designs 395 

sound political economy for the community as a whole. It does not 
mean nor imply cheap and shabby construction. It simply means an 
avoidance of waste, either in saving money or in spending it. It sim- 
ply means a recognition of the fact that every dollar and every day's 
work that goes into the ground and does not bring something out of 
it, makes not only the individual but the whole community poorer." -' 

For his own as well as for his client's good, the engineer should 
endeavor to secure the very best results possible when all things are 
carefully weighed and considered. No reasonable amount of consci- 
entious work, painstaking thought, study, labor or expense should 
stand in the way of such results ; and anything less than this is a detri- 
ment to future professional attainments, which no engineer, young or 
old, can afford. 

§ 251. False Economy in Design. — In the building of shafts and 
tunnels, the cost of excavation and filling beyond the neat lines of the 
exterior of the lining is sometimes an item of considerable importance. 
In many cases, designers limit the excavation to these neat lines and 
in consequence the specifications require the contractor to assume all 
risks of extra excavation and filling and the extra cost must therefore 
be included in some other item of the proposal. In some cases, specifi- 
cations are so drawn as to divide the risk by inserting a clause provid- 
ing that any excavation beyond the neat lines, due to unavoidable falls 
and breaks, shall be paid for at a price which is usually named a little 
less than the actual cost to the contractor.^' By such means the con- 
tractor is assured of a certain compensation for all excavation and re- 
filling, but at a rate which will not make it an object to go beyond 
these lines on account of a high price for the required filling. 

In other cases the entire risk is placed on the contractor. 

In the specification : 

"Concrete lining will be placed throughout the tunnel as indicated by 
the drawing. Any excavation beyond the neat lines of the tunnel section 
as shown on the drawings, shall be filled to the satisfaction of the engineer 
and no allowance will be made therefor." 

not only is the risk placed on the contractor but the working is indefi- 
nite and therefore vmsatisfactory. The nature of the filling should be 
stated, whether clay, rock or concrete. It is easy for the engineer to 
here specify the character of the material that will be required and 
leave out the doubtful term "satisfaction." 



•'■. A. M. Wellington, Eng. News Sup., April 28, lfi04, p. 326. 
fi See Eng. News, Vol. 52, p. 362. 



396 Specifications for Engineering Work 

It should be remembered that, while throwing the cost of this 
extra fill on the contractor may be an apparent saving in the cost of 
the work, in order to keep down the amount of additional extra work, 
extra cost may be involved. Extra cost may be caused. 

First: By drilling holes. 

Second: By the cost of powder and labor required to break rock 
to small size for loading. 

Third: By the cost of trimming projections from tlie side of shaft 
or tunnel. 

What is desired is the construction of proper work at the least ex- 
pense to all concerned, and the cost of a reasonable amount of break- 
ing beyond the neat lines may be more than saved in reducing the 
extra cost of careful excavation. The above is but a single example 
of how false economy may sometimes be attempted in the preparation 
of designs and specifications. 

§ 252. Estimates. — Estimating the cost of structures and mate- 
rial is an important duty of the engineer. The financial success de- 
pends on the actual cost of such works and the works must be financed 
on the basis of these estimates. If the actual cost greatly exceeds the 
estimated cost, a project which may have seemed financially attractive 
may prove a financial failure ; and even if failure does not result the 
necessary refinancing may prove an expensive handicap. 

Plans are rarely made for large and important structures that do 
not require more or less modification during construction. Unless 
this fact is duly appreciated by the designer and liberally allowed for 
in the estimates of cost, the estimates will always be found more or 
less inadequate to complete the structure. The hazards of construc- 
tion increase with the difficulties of construction. In the superstruc- 
ture of one of the large buildings of Chicago, designed by one of the 
best architects of that city, and which was completed without any seri- 
ous mishaps, the cost of extras increased the original contract price 
almost twenty-five per cent., or about $700,000) on a $3,000,000 esti- 
mated cost. 

Engineering structures are sometimes built in locations where 
they are subject to considerable hazard due to conditions that cannot 
be fully predetermined and to the contingencies of storm and flood, 
which cannot be foreseen. In such cases the ultimate cost cannot be 
accurately determined and is frequently greatly understimated. 
The engineer designing a structure or plant, if unfamiliar with 
the contingencies of actual construction, can scarcely conceive the 
unforeseen circumstances which may and frequently will occur when 



Estimates 397 

his plans are being carried out in the held. An estimate in detail of 
the reasonable cost of each feature of the work can seldom cover all 
the costs involved in the construction of such structure and the cost 
must be overestimated or a large contingent estimate must be added 
in order to cover the actual cost. An engineering project which will 
pay only fair returns on a close estimate of cost, is seldom worthy of 
serious consideration as unforeseen expenses will often make it a los- 
ing investment. 

In a recent water power development which was under advise- 
ment for a number of years, and which was perhaps as thoroughly 
considered and as carefully planned, both in design and in methods of 
construction to be pursued, as any other development of late years, the 
cost of the finished project exceeded the estimate by thirty-three per 
cent. The estimate of cost was about $2 1 ,ooo,(X>o ; the actual cost 
about $28,000,000. In another case, where estimates were carelessly 
made, the original estimated cost w^as $800,000, and the actual cost of 
the complete development about $2,500,000. 

It is of course obvious that a project which may be very attractive 
on a basis of an investment of $800,000 is likely to be a ser'ous failure 
on the basis of an investment of $2,500,000; and even a project which 
seems attractive on the basis of a $21,000,000 investment may be seri- 
ously handicapped by an expense of $28,000,000 unless there is a pros- 
pect of extraordinary returns on the basis of the original estimated 
cost. 

The unexpected extra cost of such developments, due to unfore- 
seen delays in construction, are often serious. The interest on bonds 
must be met semi-annually or annually from the date of their issue ; 
hence interest during construction is an important item in the building 
of any structure or in the cost of development of any industry, and is 
an item which is particularly uncertain in hazardous construction. 
In a recent water power development a flood, the most extraordinary 
that had occurred on the river within the known records, not only 
caused a loss of approximately $40,000 to the work under construc- 
tion, but was followed by continuous and unusually high water for the 
year following, so that not more than ninety working days were avail- 
able within the year. In the same project, an ice jam in the spring 
carried out all the trestle and false works, involving a loss of perhaps 
$10,000 more. These casualties created a delay of more than a year 
with an extra interest cost of approximately $100,000. 

From the above it becomes apparent that all estimates should be 
liberally made, and that if the financial feasibility depends on a very 



398 Specifications for Engineering Work 

limited expenditure, the estimates must be made with the greatest of 
care. 

Office engineers who have had little or no experience in the field 
cannot readily appreciate the contingencies of actual construction. 
Floods, storms, accidents, unavoidable delays in the receipt of materi- 
als, scarcity of labor, strikes, etc., have comparatively little meaning in 
the office but they are very real in the field and will constantly occur 
and add an unanticipated cost to office estimates. These contingencies 
are a real part of the cost of the work and just as much a part as the 
cost of material and labor and consequently must be taken into account 
in the estimates. 

Published cost figures are often unreliable or misleading. In the 
first place the conditions are not sufficiently defined to assure an un- 
derstanding of what estimate of cost the figures actually include, and 
they frequently omit general supervision and general and overhead 
expenses. In the second place such figures are seldom given unless 
they are comparatively low. If work has cost an excessive amount 
the cost figures are not a matter for congratulation and are seldom 
published. Such figures when used must, therefore, be used with dis- 
cretion and must be substantiated by inquiries made to determine their 
applicability to the case in hand. 

Besides the local physical conditions which must be considered in 
estimating the cost of construction, there are other factors peculiar to 
each locality that should be considered. In large cities labor is more 
plentiful but wages are apt to be higher and labor troubles more nu- 
merous. The cost of materials, wholesale, is not greatly different in 
the large or small community. Other difficulties due to municipal re- 
strictions, such as traffic obstruction, etc., are much greater in the 
large than in the small city. The consequent cost of doing work is 
therefore frequently greater in the large city, and this is particularly 
so in regard to subsurface work. 

Distance from the market for labor and material will also affect 
the cost. It is frequently difficult to secure and hold labor at points 
far remote from cities and delays and extra expense result. 

Accurate estimates can be based only on a somewhat extended 
practical experience in actual construction work. The young en- 
gineer should begin at an early date to secure data of the actual cost 
of the work which he sees performed, and in so doing should take into 
account the general and overhead expenses which are not as apparent 
but are no less real than the actual work and material which are 
placed in the structure or work. 



Estimates 399 

Even personal experience is apt to be misleading. Those who 
have had experience on difficult and expensive work will overestimate 
the cost of work where few difficulties or contingencies are involved, 
and the reverse is equally true and more dangerous to the estimator. 
The contractor who is used to doing work in large cities can seldom 
successfully compete with others for work in the smaller cities, and 
contractors who have been doing work in the smaller places are apt, 
unless great care is used, to underestimate the cost of work in large 
cities and to accept losing contracts on account of their lack of apprecia- 
tion of the much greater cost involved. 

§ 253. Specifications. — The subject matter of which the specifi- 
cations for architectural work and for engineering structures and 
plants are to treat should include : 

A. The materials, supplies and machinery to be furnished. 

B. The work to be done. 

C. The methods to be employed in furnishing material or in 
performing the work. 

D. The results to be accomplished. 

In general, the logical arrangement of specifications will call 
(i) for the description of the work as a whole, and (2) for the de- 
scription of the same in detail and in the logical order of its con- 
struction, so far as this can be done, and still complete the detail 
specification of each part when the description is once begun. In 
general, the logical arrangement will be. 

A. General description. 

B. Foundation or principal features. (a) Acessories or spec- 
cific details. 

C. Substructure or secondary features, (a) Accessories or spec- 
ific details. 

D. Superstructure or general details, (a) Accessories or specific 
details. 

E. Ornamentation and finishing as a whole and in detail. 

The main subdivisions of any work should also be described in 
general and in detail. The general description should, in all cases, 
be sufficient to aft'ord a general knowledge of the work or portion 
of the work under discussion. The detail specifications should be 
confined to individual features and, in their description, should be 
exhaustive. 

In general, such specifications are made up of specifications for 
fundamental materials, processes, and for machinery, and all that 



400 Specifications for Engineering' Work 

has been previously stated in regard to those subjects apphes to the 
complete structures, plants or works of which they constitute the 
elements. 

Such specifications may include both general and detailed spec- 
ifications, and in all cases require a considerable special technical 
experience and knowledge in their preparation. 

§ 254. Outline. — Preceding the preparation of specifications for 
complete structures an outline should be prepared including all 
items which should be covered in the required specification. As 
these structures are even more complicated and contain a greater 
amount of detail than the subjects heretofore discussed, such an out- 
line becomes even more important in order that the specifications 
when prepared shall include all necessary requirements. The outlines 
shown in Appendix A will give the idea of such outlines as devel- 
oped by the author in his professional practice. 

§ 255. Assignments for Preparing Outlines and Specifications 
for Engineering and Architectural Work. — For the purpose of giv- 
ing more point and interest to the work of preparing specifications for 
engineering or architectural works, it is desirable that assignments be 
based on actual plans for such works. These plans should be in 
sufficient detail so that the requirements can be clearly distin- 
guished. For student practice the plans selected should be for sim- 
ple structures as being more nearly within the capacity of the student. 
Even such simple structures will be difficult for the beginner, and 
the complicated subjects often assigned are so entirely beyond their 
comprehension and ability that they simply result in the unintelli- 
gent copying of other specifications and little consequent benefit to 
the student. 

For purposes of assignment, a number of drawings of simple 
structures are given in the Appendix C. A few of these drawings are 
more elaborate and involve a number of parts into which they may 
be subdivided. In this way, the preparation of a more elaborate 
specification can be undertaken by several students, and the idea 
can be made manifest that all elaborate specifications consist simply of a 
number of more or less simple parts or features joined together in 
a consistent and complete whole. 

Besides the drawings of simple works given in the Appendix, 
there are occasional plans of simple structures published in the tech- 
nica'l press in form sufficiently complete to afford a fairly satisfac- 
tory basis for the writing of specifications. 



Subjects for Specifications 



401 



The following list contains a few references to such drawings. 
§ 256. Plans from which Specifications may be Prepared. 



Page 



A Superstructure for a Turn Table Eng. Rec, Vol. 71, 

Bulkhead to Protect Points on New Jersey Sea Shore 

Leads for Drilling Outfit 

Standard Gate House for 36" Valve on Steel Pipe 

Line 

Railroad Car Bumper 

Fifteen Ton Guyed Derrick 

Small Reinforced Arch Bridge 

River Wall at Davenport, Iowa 

Reinforced Concrete Garage 

Drainage Pumping Station 

Washington Park Sewerage Pumping Station 

Automatic Reversing Hoist 

Concrete Pier, Cleveland, Ohio 

Monolithic Concrete Sewer and Trestle Eng. News 

Overhanging Pile Driver 

Timber Bulkhead to Retain Fill 

Pump House for Group of Wells 

Snow Shed 

Plate Girder Railroad Bridge 

Hollow Concrete Dam 

Concrete Lamp Post 

Stone Fill Timber Crib Bulkhead 



71, 


290 


71, 


547 


71, 


725 


72, 


407 


72. 


474 


72, 


532 


72, 


599 


69, 


396 


70, 


88 


70, 


137 


74, 


292 


74, 


301 


74, 


258 


73 


309 


73, 


399 


73. 


942 


71. 


29 


71, 


1228 


74, 


1106 


74, 


1032 


74, 


989 


74, 


740 



APPENDIX A 



§ I. Outline of Specifications for the Construction of a Building. 

I. Extent of contract: 

General description of work and material to be furnished under 
the contract. 
II. Estimate of quantities : 

Approximate or exact quantities and kinds of work and material. 
III. Plans and Drawings. 
IV. Engineering ivork-lines, grades, etc. 
V. Special work. 
VI. Materials: 

A. Furnished by the owner delivered where. 

B. It furnished by the contractor: 

1. (a) Cement. 
(&) Sand, 
(c) Gravel. 
id) Water. 

2. Steel, reinforcing. 

3. Steel, structural. 

4. Brick: 

(a) Common. 

(&) Face exterior. 

(c) Face interior. 

id) Glazed or decoration. 

5. Rubble stone. 

6. Cut stone: 

Dressed. 
Polished. 

7. Tile: 

(a) Wall. 
(&) Roof. 

(c) Floor. 

(d) Coping. 

(e) Decorative. 

8. Lumber: 

(a) Rough. 
(&) Dimension. 
(r) Finishing. 

9. Piling: 

(a) Bearing. 
(6) Sheet. 

10. Plaster. 

11. Doors: 

Exterior. 
Interior. 



Outline for a Building 403 

12. Windows. 

13. Roofing. 

14. Flashing and sheet metal work. 

15. Lighting: 

(a) Conduits. 
(&) Switches, 
(c) OuUets. 

16. Piping: 

(a) Gas. 
(&) Water. 
(c) Steam. 

17. Power and heating plant. 

VII. General furnishings: 

A. Scaffolds, ladders, hoists and other equipment incidental to the 

proper execution of the work. 

B. Rough hardware: 

Nails, spikes, bolts, straps, etc., incidental to the construc- 
tion. 

C. Blocking. 

D. Bond timbers. 

E. Wood centers, templets, forms, etc. 

F. Temporary covers for door, window and other openings. 

G. Workmanship. 
H. Inspection. 

I. Cleaning premises after completion of work. 

VIII. Foundations: 

A. Preparation of site: 

1. Removing existing structures, etc. 

2. Grading. 

B. Excavation: 

1. Earth. 

2. Rock. 

3. Other excavation. 

4. Blasting. 

5. Disposal of excess material. 

6. Ownership of excess material. 

C. Piling. 

D. Sheet piling, shoring, bracing, etc. 

E. Caissons. 

F. Grillage. 

G. Footings. 
TI. Concrete. 
7. Grouting. 

J. Mason work. 

K. Protection of existing property: 
1. Responsibility for injury. 
L. Backfilling: 

1. Tamping. 

2. Puddling. 



404 Appendix A 

IX. Flooi's and ceilings: 

A. Concrete: 

1. Plain. 

2. Reinforced. 

B. Tile. 

C. Structural steel work. 

D. Lumber — carpenter work. 

E. Openings. 

F. Columns: 

1. Coverings. 

G. Girders: 

1. Coverings. 

H. Finishing: 

1 Concrete surface. 

2. Finishing and painting. 

3. Granitoid. 

4. Tile. 

5. Polished stone. 

6. Wood and finish. 

7. Other surfaces. 

7. Plastering under side or other finish. 
J. Suspended ceilings — plastering, etc. 

X. Walls: 

A. Outside walls: 

1. Concrete. 

2. Bi'ickwork: 

a Common brick. 

a Selected brick, bearing brick, etc. 

a^ Bonding. 

a^ Jointing. 

a Mortar. 

b Face brick. 

b Bonding: 

Straight wall. 

Around openings. 

Trimmings and belt courses, 
b^ Jointing, 
b Mortar, 
o. Stucco — outside plastering. 

4. Structural steel. 

5. Terra cotta and cut stone. 

6. Lumber. 

7. Openings: 

(a) Window. 
(h) Door, 
(c) Special. 

8. Cutting and patching. 

9. Cleaning and painting. 

10. Lathing, furring and plastering. 



J • 



Outline for a Building 405 



B. Partition and interior walls: I 

1. Tile. { 

2. Metal lath and plaster. ■ » 

3. Concrete. ! 

4. Wood lath and plaster. .] 

5. Brick. 

G. Face brick — Interior decoration brick. 

7. Stone. • i 

8. Composition. 

XI. ^S^indows: i 

A. Sash. i 

B. Frame. ] 

C. Trim. I 
B. Glazing. 

E. Operating services. 

F. Hardware: 

1. Locks. i 

2. Hinges. \ 

3. Weights and rollers. ^ 
O. Sills. 

H. Lintels. ^ 

XII. Boors: 

A. Door. " 

B. Frame. ! 

C. Trim. \ 
B. Glazing. 

E. Hardware: 

1. Locks. 

2. Hinges. 

3. Rollers. j 

4. Track. 

5. Checks. 

F. Threshold. 

XIII. JRoof: \ 

A. Concrete. 

B. Tile. j 

C. Composition. ' 
B. Shingle. j 

E. Tin or iron. | 

F. Structural steel. 

G. Timber. ! 
H. Skylights. • i 

T. Ventilators. i 

J. Air shafts. 
K. Drains: 

1. Gutters. 

2. Downspouts. ■ » i 



406 Appendix A 

L. Flashing: 

1. Openings. • • 

2. Chimney. 

3. Ventilator. 

4. Pipe outlets, etc. 

XIV. Stairways: 

A. Iron or steel. 

B. Concrete. 

C. Stone. 

D. Wood. 

XV. Railings: 

A. Iron. 

B. Wood. 

XVI. Platforms: 

A. Iron. 

B. Concrete. 

C. Wood. 

XVII. Finishing: 

A. Carpenter work. 

B. Plastering. 

C. Outside painting: 

1. Mixing paints. 

2. Stopping, filling and puttying. 

3. Staining. 

D. Interior finishing: 

1. Painting: 

(a) Mixing paints. 

(&) Filling, stopping, puttying. 

(c) Staining. 

(d) Varnishing. 

(e) Decorating. 

XVIII. Plumbing: 

A. Cast iron pipe and fittings. 

B. Wrought iron pipe. 

C. Vitrified pipe. 

D. Other pipe: 

1. Lead. 

2. Brass. 

3. Plated. 

E. Pipe joints. 

F. Fittings and valves. 

G. Fixtures, traps, etc. 
H. Ventilation risers. 
7. Supply pipe. 

XIX. Lighting: 

A. Wiring and conduits. 

B. Piping, valves and connections. 

C. Switches and outlets. 



Outline for Power Station 407 



XX. Heating: 

A. Furnace. 

B. Boilers. 

C. Piping: 

1. Steam or hot water. 

2. Sheet metal. 

3. Pipe covering. 

4. Valves. 

D. Radiators. 

E. Registers. 

§ 2. Outline of Specification for small Power Station. 

1. Extent of contract. 

2. Location. 

3. Description. 

4. Excavation. 

5. Masonry work: 

A. Foundation walls. 

B. Brick walls. 
C Cut stone. 



D. 


Mortar. 


E. 


Cement : 




(a) Kind. 




(&) Delivery. 




(c) Testing. 




(cl) Qualities — 


F. 


Sand. 


G. 


Crushed stone. 


H. 


Concrete. 


I. 


Placing concrete. 


J 


Stack. 


K. 


Machinery foundations 


L. 


Plastering. 



weight, time of setting, fineness, strength. 



6. Roof: 

, A. General. 

B. Boiler room. 

C. Engine room. 

D. Laying tile. 

E. Tile. 

F. Gutter and down spouts. 

7. General work. 

S. Carpenter work. 

A. Floor of the engine room. 

(a) Joists, 
(ft) Floor, 
(c) Stairway. 

B. Ceiling of engine room. 

(a) Ceiling joists. 
(&) Ceiling. 



408 Appendix A 



G. 


Roof. 




(a) Trusses. 




(6) Rafters. 




(c) Roofing. 




(d) Gutters. 


D. 


Inside work. 




(a) Doors. 




(&) Windows. 




(c) Trimmings. 




id) Wainscoting 




(e) Finishing. 




(/) Lumber. 




(g) Bridging. 


9. Painting. 




A. 


Paint. 



10. Cleaning building. 

11. Payments. 

§ 3. Outline Specifications for Bridge Substructure. 

1. Description of work, or extent of contract. 

2. Plans and drawings. 

3. Grading, embankment and roadways. 

4. Foundations. 

A. Excavation — Depth and size. 

B. Sheet piling, coffer dam or caisson. 

C. Pumping and draining. 

D. Masonry footings. 

Concrete. 

E. Piles. 





(a) 


Size. 




m 


Driving. 




(c) 


Sawing. 


F. 


Grillage. 






(a) 


Material. 




(&) 


Drift Pins 


G. 


Riprap. 




5. Materials 


, 




A. 


Stone or gravel. 


B. 


Cement. 




C. 


Sand. 




D. 


Mortar. 


■■ 


E. 


Concrete. 




6. Masonry. 






A. 


Class. 




B. 


Footing stone. 


C\ 


Stretchers. 




D. 


Headers. 




E. 


Backing. 




F. 


Bonding. 





Outline for Substructure 409 \ 

i 

G. Laying j 

(a) Joints. * , ^ 

(6) Bedding. j 

(c) In freezing weather. j 

H. Cutting. • 1 

(a) Face. j 

(&) Joints. i 

(c) Draft, batter line and corners. '• 

I. Coping. I 

7. Pedestals. j 

K. Cut water. i 

L. Bridge seats. ' 

M. Pointing. < 

7. Construction plant. ] 

i 

§ 4. Outline of Specification for Iron Bridges or Structural \ 

Work. I 

(Only general plans furnished) 

1. General description. I 

General data. 

Classification. \ 

Description. j 

Material. ' 

Head room. 

Roadway. i 

Foot walks. 

Hand rails. 
Stress in timbers. J 

Steel beams. j 

Floor girder. 

Stringers. i 

Bracket plates. j 

Bracing. j 

Length of span. \ 

2. Load — dead and live and wind. ] 

3. Proportion of plate. j 

4. Details of construction and workmanship. ; 

5. Qualities of material. 

6. Inspection. ] 

7. Painting. ! 

8. Erection. i 

9. Acceptance. | 

§ 5. Outline of Specification for Bridge or Roof Truss. \ 

(Detailed plan furnished.) ~ ] 

1. Description of work. " ; 

2. Plans. \ 

3. Quality of material. j 

Class. • . ' 

Wrought iron. ^ ^ 

Steel. ' ' J 



410 ' Appendix A 

Cast iron. 

Phosphor bronze. 
Purpose. 

Rivets. 

Pins. 

Punching. 

Plates. 

Shapes. 

Eye bars. 
4. Workmanship. 
.0. Details of construction. 

Eye bars. 

Tension members. 

Pin holes. 

Ties and counters. 

Turnbuckles. 

Pins. 

Web plates. 

Rivets. 

Splice plates. 

Flooring and wheel guard. i 

6. Inspection and tests. 

7. Painting. 

8. Erection. 

9. Acceptance. 

§ 6. Outline for Specifications for Stand Tower and Appur- 
tenances. 

1. Extent of contract. 

2. Location. 

3. General description. 

4. Laying out work. 

5. Foundation. 

A. Excavation and filling. 
G. Foundation masonry and masonry superstructure. 

(a) Concrete, making and placing. 

(&) Stone or gravel. 

(c) Cement. 

id) Sand. 

(e) Mortar. 

(/) Quality of stone, 

(g) Rubble stone. 

ih) Cut stone. 

( i ) Valve chambers, pipe tunnels, etc. 
7. Trestle. 

A. Posts. 

B. Shoe plate and anchorage. 

C. Cap and top connection. 



Outline for Water Tower 411 

i 

8. Balcony. ^ 

9. Tank. . . J 

A. Dimensions. 

B. Material. 

(a) Inspection. , 

(&) Size of sheet. * 

C. Shop work. j 

(a) Rivet holes. • . 1 

(&) Corners of sheets. j 

(c) Calking edge. ! 

id) Bending and fitting plates. ] 

(e) Joints. \ 

(/) Bottom. i 

(g) Connection. , 

(h) Manhole. 1 
D. Thickness of sheets, size and spacing rivets. 

(a) jDetails. 

(b) Rivets. ! 

(c) Riveting. \ 

(d) Calking. j 

10. Appurtenances: j 

A. Rising pipe. ■ 

B. Expansion joint. 

C. Frost pipe. , I 

D. Base. . 

E. Automatic valve. ■ 

F. Overflow pipe. 

G. Ladder or stairway. 

H. Cornice. ' 

I. Roof. ' I 

J. Trap door. , }^ 

K. Finishing: J 

(a) Cleaning. \ 

(&) Riveted and inaccessible work. j 

(c) Shop coat. I 

{d) Final work. ' - 

(e) Paint. j 
(/) Inspection. 

ig) Application. 
L. Testing. ' • 

11. Payments. v j 

§ 7. Outline of Specifications for laying Cast Iron Water Pipe, 
Including Setting of Special Castings, Hydrants, Valves, etc. 

1. Description of work and material to be furnished under the contract. 

2. Approximate quantities and kinds of work to be done under the contract. \ 

3. Plans, profiles and drawings. 

4. Engineering work, lines, grades, etc. | 

5. Special work. 1 



412 Appendix A 



6. Materials: Furnished by wliom: 

A. Where delivered to contractor. 

B. Distribution. 

C. Delays in receipt of. 

D. Breakage and inspection. 

E. Report of number, size and breakage. 

F. Responsibility. 

7. Excavation and trenching: 

A. Line. 

B. Size of trench: 

(a) Depth. 

(b) Width. 

C. Grade. 

D. Disposal of material. 

E. Removal improved street surfaces. 

F. Material: 

(a) Earth. 
(&) Rock. 

G. Extra excavation and foundation. 
H. Bell holes. 

/. Bracing and shoring. 

/. Protection of buildings. 
K. Draining, bailing and pumping. 
L. Obstructions. 

M. Limits of amount of work opened. 
X. Bridging trench for street and side walk travel. 

8. Back filling: 

A. Tamping, puddling, etc. 

B. Replacing improved street surfaces. 

C. Removing shoring, etc. 

D. Repairing injuries to pipes, drains, etc. 

E. Removal of surplus material, rubbish, etc. 

F. Replacing improper material (in rock excavatioi) 

9. ripe laying: 

A. Order of laying, storage of pipe, etc. 

B. Foundation. 

C. Lowering pipe into trench. 

D. Cleaning and protecting pipe. 

E. Length of pieces admitted. 

F. Cutting pipe. 

G. Adjusting spigots uniformly. 
H. Wet bell holes. 

/. Making joints: 

(a) Thickness of joints. 
(&) Depth of lead in joints. 

(c) Gasket. 

(d) Lead. 

(e) Running joint. 
(/) Calking joint. 

J. Straps, and bracing of ends, and bends. 



Outline for Laying Pipe 413 | 

I 

10. Setting specials and appurtenances: 

A. Specials. ' 

B. Hydrants: 

(a) Hydrant walls. '< 

(&) Drainage. I 

(c) Setting and bracing. \ 

C. Valves. ; 

D. Plugs. i 

E. Drinking fountains. ' 

F. Disconnecting and reconnecting old services. i 

11. Manholes, hydrant wells, valve boxes, etc. ] 

12. Connection of new work to old. I 

13. Omissions. ] 

14. Defective work and material. ' 

15. Maintenance, guarantee and insurance. 

16. Tests. 

17. Measurements. 

18. Removal of old pipe, etc. ' 

19. Payments. 

§ 8. Outline Specifications for Construction of Sewers. ; 

1. Extent of contract. Description of work and material to be furnished ! 

under the contract. 

2. Approximate or exact quantities and kinds of work (Quantities given j 

as basis for comparison.) . 

3. Plans, profiles and drawings. 

4. Engineering work, lines, grades, etc. 

5. Special work. j 

6. Materials — furnished by whom: 

A. If furnished by city: \ 

(a) Where delivered to contractor. 

(ft) Distribution. 

(c) Delays in receipt of. , 

id) Breakage and inspection. i 

(e) Report of number, size and breakage. i 

(/) Responsibility. j 

B. If furnished by contractor: j 

(a) Pipe and specials. " 
(6) Tile. 

(c) Brick. j 

(d) Stone. J 

(e) Cement, mortar and concrete. 
(/) Iron castings. 

ig) Lumber. i 

ih) Piling. ' 

7. Excavation and trenching: j 

Line. I 

Preservation of line and grade marks. 

Depth. ' 



414 Appendix A 

Width. 

Grade. 

Character of material. 

Disposal of material. 

Removing improved street surfaces. 

Earth. 

Rock. 

Protection during blasting. 

Tunneling. 

Extra excavation. 

Bell holes. 

Bracing and shoring. 

Sheet piling. 

Foundations, piling, etc. 

Protection of buildings. 

Draining, bailing and pumping. 

Obstructions. 

Care, protection and repairs of. 

Gas pipe. 

Water pipe. 

Drains. 

Cisterns. 

Reservoirs. 

Streets and gutters . 

Sidewalks. 

Railroads. 

Cross walks. 

Fences. 

Under drains. 
Limits of amount of work opened. 
Bridging trench for street and sidewalk travel. 
Barriers and lights. 

8. Back filling. 

Puddling. 

Tamping, flushing, etc. 

Replacing improved street surfaces. 

Removing shoring, etc. 

Repairing injuries to pipes, drains, etc. 

Cleaning and flushing sewers. 

Use of city water supply. 

9. Removal of surplus material, rubbish, etc. 

Replacing improper material. 
Frozen material. 

10. Embankment. 

11. Pipe sewers. 

Foundation. 

Joints. 

Protecting and keeping sewers clean. 

Removal and rebuilding defective work. 



Outline for Sewer 415 



12. Brick sewers. 

Brick laying. 

Foundation, 

Forms. 

13. Brick masonry. 

14. Stone masonry. 

15. Appurtenances. 

A. Flush tanks: 

(a) Syphon and fixtures. 

(&) Connecting with water pipe. 

B. Manholes: 

(a) Ladders and steps, 
(ft) Foundation. 

C. Catch basins. 

D. Outlets. 

E. Branch sewers and connections. 

F. Tile drains. 

G. Iron pipe. 

H. Special construction with specifications for material and work. 

16. Inspection: 

A. Defective material. 

B. Removal and rebuilding. 

17. Extra work. 

18. Omissions. 

Condemned, inferior or defective work. 

19. Maintenance and guarantee. 

20. Tests and requirements. 

Measurements of quantities. 

21. ^Acceptance. 



APPENDIX B 

SAMPLE CONTRACT AND SPECIFICATIONS FOR 
A COMPLETE STRUCTURE 



CONTRACT AND SPECIFICATIONS 

FOR THE CONSTRUCTION OF 

A CONCRETE RESERVOIR AND SUCTION WELL 

FOR THE CITY OF MADISON, WISCONSIN 



Consulting Engineers 
Madison, Wisconsin 



Sample Contract and Specifications 417 ] 



CONTRACT AND SPECIFICATIONS FOR THE CONSTRUCTION OF A CON- 
CRETE RESERVOIR AND SUCTION WELL FOR 
THE CITY OF MADISON, WISCONSIN. 

EXHIBIT A 



NOTICE TO CONTRACTORS 

Sealed bids for furnishing all labor and material for the construction of 
a reinforced concrete reservoir and a reinforced concrete suction well for the 
improvement of the water works system of the city of Madison, Wisconsin, 
will be received at the office of the city clerk in the city hall until two 
o'clock p. m., Wednesday, July 12, 191G, at which time the bid« will be 
opened and publicly read, after which the bids will be considered and the 
award made as early as practicable. 

A certified check on a reputable National or State Bank or a bank draft 
for five hundred dollars ($500) made payable without reserve to the treas- 
urer of the city of Madison, Wisconsin, must accompany each bid. 

Instructions to bidders and blank forms of proposals may be obtained 
and plans and specifications may be seen at the office of the superintendent 

of the water works, Madison, Wisconsin, or at the office of 

State Street, Madison, Wisconsin. 

, City Clerk. 



418 Appendix B 



TABLE OF CONTENTS 

Page 

Exhibit A — Notice to Contractors 417 

Exhibit B — General Conditions and Instructions to Bidders 420 

Exhibit C— Form of Proposal 422 

General Contract 424 

Interpretation of Phrases 424 

Quantities and Measurements 424 

Superintendence and Inspection 425 

Right of Entry 425 

Changes, Alterations and Extra Work 425 

Discrepancies and Omissions 425 

Estimated Quantities 426 

Engineer's Authority 426 

Supervision and Direction of Work 426 

Lines and Grades 420 

Emergencies 426 

Preliminary Approval 427 

Right of Engineer to Modify Methods and Equipment 427 

Right to Retain Imperfect Work 427 

Exhibits 428 

Arbitration 428 

Prices and Payments 429 

Delayed Payment 429 

Extra Work 430 

Price for Work 430 

Contractor's Responsibility 430 

Contractor's Address 430 

Contractor's Agent 430 

Observance of Laws and Ordinances 430 

Protection against Negligence and Damages 431 

Protection against Claims for Labor and Material 431 

Protection against Royalties on Patented Inventions 431 

Assignment and Subletting 432 

Abandonment 432 

Time and Order of Completion 432 

Conduct of the Work 432 

Character of Workmen 432 

Losses and Damages 433 

Protection of Finished or Partially Finished Work 433 

Hindrances and Delays 433 

Defects and Their Remedies 433 

Construction Plant 433 

Police and Sanitary Regulations 433 

Contractors' Buildings 434 

Bond 434 



Sample Contract and Specifications 419 

Exhibit D — Specifications 435 

Extent of Contract 435 

Estimated Quantities 436 

Description 436 

Excavation 436 

Concrete Work 436 

Waterproofing 439 

Steel Reinforcing Rods 440 

Manholes 440 

Gutter 440 

Cast Iron Pipe 441 

Sheeting and Pumping 441 

Protection of Present Reservoir 442 

Timber Floor 442 

Price and Measurement 442 

Removal of Unused Material 444 



420 Appendix B 



EXHIBIT B 



GENERAL CONDITIONS ANp INSTRUCTIONS TO BIDDERS 

1, Sealed bids for furnishing all labor and all materials for the construc- 
tion of a reinforced concrete reservoir and a reinforced concrete suction well 
for the city of Madison, Wisconsin, endorsed with the name of tlie bidder and 
with the tifie of the work upon which the bid is made will be received at the 
office of the city clerk in the city hall until two o'clock p. m., Wednesday, 
July 12, 1916, at which time the bids will be opened and publicly read, after 
which the bids will be considered and the award made as early as practicable. 

2. The work will include approximately the following items: 

A. Reinforced Concrete Reservoir 

Excavation 2,500 cu. yds. 

Concrete 1,430 cu. yds. 

Reinforcing Rods 112,950 pounds 

15" Vitrified Gutter Pipe 125 feet 

8" Vitrified Sewer Pipe 40 feet 

Drain Connections 2 feet 

Ventilating Manholes in Roof 7 

2 Coats Cement Wash 46,830 sq. yds. 

30" Class B. C. I. Water Pipe 12 feet 

20^' Class B. C. I. Water Pipe 84 feet 

20" C. I. 90° Elbow 1 

B. Rei?iforced Concrete Suction Well 

Excavation 360 cu. yds. 

Concrete 95 cu. yds. 

Reinforcing Rods 4,416 pounds 

Steel Manhole Frame & Cover 1 

30" Class B. C. I. Water Pipe ( 1 length) 4 feet 

24" Class B. C. I. Water Pipe— 3 lengths, each 4 feet 

3. No proposal can be withdrawn after the time for receiving bids has ex- 
pired. 

4. The price must be written in the bid and also stated in figures. In any 
event, the prices must be so distinctly expressed that there can be no doubt as 
to the meaning of the same. Illegible figures will invalidate the bid. 

5. Bidders must secure their information as to local conditions of trade, 
character of soil, probable amount of water, rock, etc., from personal inquiry 
on the ground. 

6. Work must be begun promptly after the award of the contract and 
within such time as stated by the successful bidder, and be completed by the 
time named by said bidder. 

7. The right is reserved to reject any or all bids, to waive any infor- 
mality in any bid received, to accept any bid considered advantageous to the 
City of INIadison, and also to disregard any failing or irresponsible bidder or 
contractor, known as such. 



Sample Contract and Specifications 421 

8. Each bid for each item must include the performance of all work and 
all the material in accordance with the general contract and specifications for 
the work and material included under the items on which a bid is submitted. 

9. Bidders are notified that the price bid must include everything as de- 
scribed in the specifications under each item. No extras of any kind will be 
allowed unless ordered in writing by the consulting engineers and endorsed 
by the superintendent of the water works. 

10. A bond satisfactory to the common council of the city of Madison in 
the sum of fifty per cent. (50%) of the contract price will be required with 
each contract. 

11. The bidder must, if desired, satisfy the mayor of his practical and 
financial ability to perform the work for which he bids. 

12. A certified check, on a reputable National or State Bank or a bank 
draft made payable without reserve to the city treasurer of Madison, Wiscon- 
sin, for five hundred dollars ($500), must accompany each bid. Such certi 
fied check shall be deposited as a guarantee that the bidder, if successful, will 
enter into the contract and furnish a satisfactory bond for the construction 
of the work, and the furnishing of the material in accordance with the plans, 
specifications and his proposal, within fourteen (14) days after notice to the 
award of said contract to him, and if he fails or refuses so to do, said check: 
shall be forfeited to the city of Madison as liquidated damages for such fail- 
ure. The check of the successful bidder will be returned to him upon his en- 
tering into a contract, furnishing a satisfactory bond, and when he shall have 
actually performed at least five hundred dollars worth of work under this 
contract. Checks of unsuccessful bidders will be returned when the contract 
is signed or when the bids are rejected. 

13. All bids must be self explanatory. No opportunity will be offered for 
oral explanation except as the party of the first part desires more full expla- 
nation of particular or peculiar devices. 

14. Payment for this work will be made in cash, and in accordance with 
the contract and specifications. 

15. Plans, specifications, form of contract, and proposal may be seen at 
the office of the superintendent of the water works, Madison, Wisconsin, or at 
the office of the undersigned, State Street, Madison, Wisconsin. 

Bidders are invited to be present at the opening of bids. 

, Consulting Engineers. 



422 Appendix B 



EXHIBIT C 

FORM OF PROPOSAL 



To the Mayor and City Council, Madison, Wisconsin: 

Gentlemen: The undersigned declare., that ha,, carefully ex 

amined the plans, general form of contract, specifications, and the location of 
the work, and hereby agree to furnish all material and do all work, and com- 
plete in a good and workmanlike manner and in accordance with the plans 
and under the condition named in general form of contract and the speci- 
fications therefor, the following work at the prices named: 

1. For doing all work and furnishing all materials to construct the rein- 
forced concrete reservoir in accordance with plans and specifications, but not 
including the hauling of the surplus material excavated, and not including 

the timber floor under the concrete floor of the reservoir, the lump sum of 
dollars ($ ). 

2. For furnishing all labor and material to construct the timber floor 
under the concrete floor of the reservoir, in case it is ordered constructed by 
the engineers, per thousand F. B. M. in place dollars ($ ). 

3. For additions or deductions in the yardage of concrete, per cubic yard 
dollars ($ ). 

4. For additions or deductions in the reinforcing rods, per pound 

cents ( c). 

5. For additions or deductions in the excavation, per cubic yard 

cents ( c). 

6. For furnishing all labor and material to construct the reinforced con 
Crete suction well in accordance with the plans and specifications, not includ- 
ing the hauling of the excavated material and not including the construction 

of a timber floor under the concrete floor, the lump sum of dollars 

($ ). 

7. For hauling and depositing the surplus material excavated from the 
site to such points as the engineers may designate, at the following prices per 
cubic yard, depending upon the length of haul: 

Average Haul Price per cu. Yard 

Up to 1320 Feet $ 

1320 to 2640 Feet $ 

2640 to 3960 Feet $ 

3960 to 5280 Feet $ 

8. For furnishing all labor and material to construct the timber floor 
under the bottom of the suction well in case it is ordered constructed by the 
engineers, the lump sum of ( $ ) . 

9. For all labor and material to increase the depth of the suction well 
from that shown on the plans up to five (5) feet increase in depth, per foot of 
increase in depth, the lump sum of ( $ ) . 

10. For all extra work ordered by the consulting engineers and not in- 
cluded under any of the above heads, cost plus per cent. ( %)• 



Sample Contract and Specifications 423 

further agree to sign the contract, furnish a satisfactory bond of 

the amount required, and begin the work within days after receiving 

notice of tlie award to , and to complete said work within months 

after receiving notice of the award. 

enclose herewith a certified check (or bank draft) for five hun- 
dred dollars ($500) made payable without reserve to the city treasurer of 

Madison, Wisconsin, which agree. . to forfeit if the contract is awarded 

to and fail to enter into the same in accordance with the pro- 
posed form of contract, and within fourteen (14) days after notice of the 

award to 

Respectfully submitted, 



Contractor, 
Address: 



424 Appendix B 



GENERAL CONTRACT 

FOR 

REINFORCED CONCRETE RESERVOIR AND SUCTION WELL 
CONTRACT EXECUTED IN TRIPLICATE 

This Agreement made and concluded this day of , A. D., 

, by and between , county of , state of , party of the 

first part, and of the city of , county of and state of , 

party of the second part. 

Witnesseth: That for and in consideration of the payments and agree- 
ments hereinafter mentioned to be made and performed by said party of the 
first part, and under the penalty expressed in a bond bearing even date here- 
with, the said party (or parties) of the second part agrees with the said party 
of the first part, at his (or their) own cost and expense, to do all the work 
and furnish all material called for by this agreement, in the manner and 
under the conditions hereinafter specified. 

Interpretation of Phrases. — ^Whenever the word "city" or the expression 
"party of the first part," or "first party," are used in this contract it shall be 
understood as referring to the city of Madison, Wis. Whenever the word 
"contractor," or the expression "party of the second part," or "second party" 
are used it shall be understood to mean the person, persons, co-partnership or 
corporation who has agreed to perform the work embraced in this contract or 
to his or their legal representatives. 

W^henever the word "engineer" is used in this contract it shall be under- 
stood as referring to the consulting engineer of the party of the first part, or 
such other engineer, superintendent or inspector as may be authorized by said 
first party to act in any particular. Whenever the words "directed," "re- 
quired," "permitted," "designated," "considered necessary," "prescribed," or 
words of like import are used, it shall be understood that the direction, re- 
quirement, permission, order, designation or prescription, etc., of the engi- 
neer is intended; and similarly, the words approval, acceptable, satisfactory, 
or words of like import shall mean approved by or acceptable or satisfactory 
to the engineer. 

Whenever in the specifications or drawings accompanying this agreement, 
the terms or description of various qualities relative to "finish," "workman- 
ship," or other qualities of similar kind which cannot from their nature be 
specifically and clearly described and specified but are necessarily described 
in general terms to be "satisfactory," "first class," "workmanlike," or in other 
terms the fulfillment for which must depend on individual judgment, then, in 
all such cases, any question of the fulfillment of said specifications shall be 
decided by the consulting engineer, and said work shall be done in accordance 
with his interpretations of the meaning of the words, terms or clauses defin- 
ing the character of the work. 

Quantities and Measurements. — No extra or customary measurements 
of any kind will be allowed, but the actual length, the area, the solid con- 
tents, the number and weight only shall be considered, unless otherwise spe- 
cifically provided. 



Sample Contract and Specifications 425 

Superintendence and Inspection: — It is agreed by the party of the second 
part that the party of the first part shall be, and hereby is authorized to ap- 
point from time to time such engineer, superintendent or inspector as the said 
first party may deem proper, to inspect the material to be furnished and the 
work to be done under this agreement and in accordance with the specifica- 
tions therefor. The contractor shall furnish all reasonable aid and assistance 
required by the engineer, superintendent or inspector for the proper inspec- 
tion and examination of the work and all parts of the same. The contractor 
shall regard and obey the directions and instructions of any engineer, super- 
intendent or inspector so appointed when the same are consistent with the 
obligations of this agreement and of the specifications attached hereto, or said 
contractor shall immediately appeal to the consulting engineer for his de- 
cision, and shall respect such decision when so rendered. 

Right of Entry. — The party of the first part reserves the right to enter 
the property or location on which the works herein contracted for are to be 
constructed or installed by such agent or agents as it may elect for the pur- 
pose of constructing or installing such collateral works as said first party may 
desire. Such collateral works will be constructed or installed with as little 
hindrance or interference as possible with the party of the second part. The 
party of the second part hereby agrees not to interfere with or prevent the 
performance of such collateral work by the agent or agents of the party of the 
first part, or to claim any extra compensation or damages by delays or hin- 
drances which may be caused by the construction or installation of such col- 
lateral work. 

Changes, Alterations and Extra Work. — The said party of the second part 
further agrees that the said first party may make such alterations as said 
party may see fit in the line, grade, form, dimensions, plan or material of the 
work herein contemplated, or any part thereof, either before or after the be- 
ginning of the construction. 

If such alterations diminish the quanity of the work to be done, they 
shall not constitute a claim for damages or anticipated profits on the work 
that may be dispensed with. If they increase the amount of work, such in- 
crease shall be paid for according to the quantity actually done, and at the 
prices established for such work under this contract; provided, however, that 
if said first party shall make such changes or alterations as shall make useless 
any work already done or material already furnished or used in said work, 
that said first party shall recompense said party of the second part for any 
material or labor so used and for any actual loss occasioned by such change 
due to actual expenses incurred in preparation for the work as originally 
planned. 

No work shall be regarded as extra work unless it is ordered in writing 
by the engineer and endorsed by superintendent of water works, and with the 
agreed price for the same specified in said order, provided said price is not 
otherwise determined by this contract. All claims for extra work shall be 
made to said first party before said extra work is started and a statement of 
the cost of the same shall be made within sixty (60) days after the comple- 
tion of said extra work. 

Discrepancies and Omissions. — It is further agreed that it is the intent 
of this contract that all work must be done and all material must be furnished 
in accordance with the best practice, and in the event of any discrepancies 



426 Appendix B 

between the plans and specifications, or otherwise, or in the event of any 
doubt as to the meaning of any portion of the contract, specifications or plans, 
the engineer shall define which is intended to apply to the work, and the con- 
tractor shall be bound by such decision. 

Any work or material not herein specified but which may be fairly im- 
plied as included in the contract, of which the engineer shall be the judge, 
shall be done or furnished by the contractor without extra charge. 

Estimated Quantities. — This agreement, including the specifications, 
plans and estimate, is intended to show clearly all work to be done and ma- 
terial to be furnished hereunder. The estimated quantities of the various 
classes of work to be done and material to be furnished under this contract 
are approximate and are to be used only as a basis for estimating the prob- 
able cost of the work and for comparing the proposals offered for the work. 
It is understood and agreed that the actual amount of work to be done and 
materials to be furnished under this contract may differ somewhat from these 
estimates, and that the basis for payment under this contract shall be the 
actual amount of such work done and the material furnished. 

The contractor agrees that he will make no claim for damages, antici- 
pated profits or otherwise on account of any differences which may be found 
between the quantities of work actually done, the material actually furnished 
under this contract and the estimated quantities contained in this agreement. 

Engineer's Authority: Supervision and Direction of Work. — It is mu- 
tually agreed between the parties to this contract that the engineer shall su- 
pervise and direct all work included herein. To prevent disputes and to dis- 
courage litigation, it is further agreed by and between the parties to this con- 
tract that if it cannot be otherwise agreed, the engineer shall in all cases de- 
termine the amount of the quantities of the several kinds of work which is to 
be paid for under this contract, and he shall determine all questions in rela- 
tion to said work and the construction thereof, and he shall in all cases de- 
cide every question which may arise relative to the execution of this contract 
on the part of said contractor, and his estimate and findings shall be the con- 
ditions precedent to the right of the parties hereto to arbitration or to any 
action on the contract and to any rights of the contractor to receive any 
money under this contract. The engineer shall within a reasonable time 
render a decision on all claims of the parties hereto and on all questions which 
may arise relative to the execution of the work or interpretation of the 
contract, specifications and plans. 

Lines and Grades. — All lines and grades shall be furnished by the en- 
gineer but the contractor shall provide stakes and such ordinary labor as may 
reasonably be required by the engineer to assist him in such work. When 
ever necessary, work shall be suspended to permit of this work, but such sus- 
pension will be as brief as practicable and the contractor shall be allowed no 
extra compensation therefor. The contractor shall give the engineer ample 
notice of the time and place where the lines and grades will be needed. All 
stakes, marks, etc., shall be carefully preserved by the contractor and in case 
of their destruction or removal by him or his employees, such stakes, marks, 
etc., shall be replaced by the engineer at the contractor's expense. 

Emergencies. — Whenever in the opinion of the engineer the contractor 
has not taken sufficient precautions for the safety of the public or the protec- 
tion of the work to be constructed under this contract, or of adjacent struc- 



Sample Contract and Specifications 427 

tures or property which may be injured by processes of construction on ac 
count of such neglect, and whenever in the opinion of said engineer an emer- 
gency shall arise and immediate action shall be considered necessary in order 
to protect public or private, personal or property interests, and the contractor 
shall fail to provide immediately the necessary protection after notice by 
said engineer or without such notice when the emergency makes such a course 
necessary, the said engineer may provide suitable protection to said interests 
by causing such work to be done and material to be furnished and placed as 
shall furnish such protection as said engineer may consider necessary and 
adequate. 

The cost and expense of such work and material so furnished shall be 
borne by said contractor, and if the same shall not be paid on presentation of 
the bills therefor, then said costs shall be deducted from any accounts due or 
which may become due said contractor. 

The failure of the engineer to order the performance of said emergency 
work shall in no way relieve the contractor from any damages that may re- 
sult by the omission of said emergency work or protection. 

Preliminary Approval. — No engineer, superintendent or inspector shall 
have any power to waive the obligations of this contract for the furnishing by 
the contractor of good material and of his performing good work as herein de- 
scribed, and in full accordance with the plans and specifications. No failure 
or omission of any engineer, superintendent or inspector to condemn any de- 
fective work or material shall release the contractor from the obligations to 
at once tear out, remove and properly replace the same at any time upon the 
discovery of said defective work or material. 

Right of Engineer to Modify Methods and Equipment. — If at any time the 
methods or equipment used by the contractor are found to be unsafe or in- 
adequate for securing the safety of the workmen or other persons who may 
be endangered thereby, or to secure the quality of work or the rate of prog 
ress required under this contract, the engineer may order the contractor to 
increase their safety or improve their character and efficiency, and the con- 
tractor shall comply with such order. 

If at any time the wor'king force of the contractor is inadequate for se- 
curing the progress herein specified the contractor shall, if so ordered, in 
crease his force or equipment, or both, to such an extent as to give reasonable 
assurance of compliance with the schedule of progress. 

The failure of the engineer to make such demands shall not relieve the 
contractor of his obligations to secure the safety of his men, the quality of 
the work, and the rate of progress required by his contract. 

Right to Retain Imperfect Work. — If any part or portion of the work done 
or material furnished under this contract shall prove defective and not in 
accordance with the plans and specifications, and if the imperfections jn the 
same shall not be of sufficient magnitude or importance to warrant removal, 
or if the removal of such work shall create conditions which are dangerous or 
undesirable, the engineer shall have the right and authority to retain such 
work, but shall make such deductions in the final payment therefor as may 
be just and reasonable. 



428 Appendix B 

Exhibits. — All work shall be done and all materials furnished in strict 
conformity with the appended Advertisement, marked "Exhibit A," Instruc- 
tions to Bidders, marked "Exhibit B," Proposal, marked "Exhibit C," Speci- 
fications, marked "Exhibit D," and • • 



all of which are hereto attached and are hereby made a part of this contract. 

Arbitration. — The engineer shall, within a reasonable time, decide all 
questions or claims of either party to this contract and all matters relating 
to the execution and progress of the v/ork or the interpretation of the plans, 
specifications and contract. 

It is further agreed that in case the engineer renders any decision or gives 
any direction which in the opinion of either party hereto is not in accord- 
ance with the meaning and intent of this contract, either party may file with 
said engineer his written objection to the decision or directions so rendered 
and by such action may reverse the right to submit the question so raised to 
arbitration as hereinafter provided. There shall nevertheless be no delay in 
the execution of the work, and the decision or directions of the engineer so 
rendered shall be promptly carried out, and any claims arising therefrom 
shall be thereafter adjusted by arbitration, 

It is further agreed by both parties hereto that all questions subject to 
arbitration or adjustment shall be raised and filed with the engineer prior to 
the execution of the directions of the engineer and that all questions of differ- 
ence must be raised prior to the final payment on the contract, and that both 
parties shall lose all right to raise further objection to the engineer's decisions 
after the final payment has been made. 

The general procedure shall conform to the laws of the state if necessary, 
and the decision of the arbiter may be filed in court to carry it into effect. 

If the engineer fails to make a decision within a reasonable time, an ap- 
peal to arbitration may be taken, as if his decision had been rendered against 
the party appealing. In such cases and in case of an appeal from the engi- 
neer's decision, the demand for arbitration shall be filed with him in writing 
within ten (10) days thereafter; and in no case later than the time of final 
payment. 

The parties may agree upon one arbiter, otherwise there shall be three; 
one named in writing by each party, and the third chosen by the two arbiters 
so selected; or if the arbiters fail to elect a third v/ithin ten days, he shall 
be chosen by the presiding official of the Bar Association of Dane county. 
Should the party demanding arbitration fail to name an arbiter within ten 
days of the demand, his right to arbitrate shall lapse, and the decision of the 
engineer shall be final and binding upon him. Should the other party fail to 
choose an arbiter within ten days, the engineer shall appoint such arbiter. 
Should either party refuse or neglect to supply the arbiter with any papers 
or information demanded in writing, the arbiters are empowered by both par- 
ties to take ex parte proceedings. 

The arbiters shall act with promptness. The decision of any two shall 
be binding on both parties to the contract. The decision of the arbiters upon 
any question subject to arbitration under this contract shall be a condition 
precedent to any right of legal action. 



Sample Contract and Specifications 429 

The arbiters, if they deem the case demands it, are authorized to award 
the party whose contention is sustained, such sums as they deem proper for 
the time, expense and trouble incident to the appeal and if the appeal was 
taken without reasonable cause, damages for any delay occasioned. The ar- 
biters shall fix their own compensation, unless otherwise provided by agree 
ment, and shall assess the cost and charges of the arbitration upon either or 
both parties. The award of the arbiters must be made in writing, and if in 
writing shall not be open to objection on account of the form of the proceed- 
ings or award. 

Prices and Payments. Estimates and Payments. — In order to enable the 
contractor to prosecute the work to advantage an estimate in writing will 
be made by the engineer once a month of the amount of work done and ma- 
terial furnished (and material delivered on the ground and to be used in the 
completed work), and of the value thereof according to the terms of the con- 
tract. The first estimate shall be of the amount or quantity in value of the 
work done since the party of the second part commenced the performance of 
this contract, and every subsequent estimate except the final one shall be the 
amount or quantity and value of work done since the last preceding estimate 
was made. No such estimate or amount or quantity shall be required to be 
made by strict measurements or with exactness but may be approximate only. 

Upon the approval of said estimate by the consulting engineer, the party 
of the first part will pay to the party of the second part 85 per cent of such 
estimated value, and whenever said contract shall be duly completed, in ac- 
cordance with the terms herein contained, and when said work and material 
shall be accepted by the consulting engineer, for said party of the first part, 
a careful and detailed estimate shall be made of the value of all work and ma- 
terial furnished under said contract, and the amount due on said work shall 
be paid to said party of the second part provided however that it is not con- 
sidered necessary by said first party to retain a certain proportion of same as 
elsewhere provided for protection against claims for labor and material, for 
damages, for royalties or otherwise, and excepting also any amount retained 
as guarantee for the maintenance of the work or material furnished under 
this contract or for forfeiture 

Delayed Payment. — In case any payment to the contractor on any esti- 
mate is delayed by the party of the first part beyond the time provided 
herein, said first party shall pay the contractor interest on the amount due at 
the rate of five (5) per cent, per annum for the period of such delay. The 
term for which said interest shall be paid shall, in the case of progress esti- 
mates, date from the 10th day after the date of said estimate, to the date of 
payment of the estimate, — and in case of the final estimate from thirty days 
after the filing of the certificate of completion and acceptance to the date of 
final payment of the final estimate. 

If interest shall become due on any progress estimate, the amount there- 
of shall be added to the succeeding estimate; and if interest shall become due 
on the final estimate, it shall be added to such final estimate and paid there- 
with. The contractor shall not be entitled to interest on any sum or sums 
which by the terms of this contract the party of the first part may be author- 
ized to retain. It is hereby agreed that such interest payments, if any, are to 
be in lieu of any claims of the contractor for alleged damages for breach 
of contract or otherwise on account of delayed payments. 



430 , Appendix B 

Extra Wo7'k. — If during the performance of this contract the engineer 
shall order in writing other work done or materials furnished which in his 
opinion cannot be classified under the unit prices of this contract, the con- 
tractor shall do and perform such worlt and furnish such material and shall 

be paid therefor the actual cost plus per cent in addition thereto. 

The actual cost is hereby defined to include the cost of all labor and materials 
necessary for the performance of the extra work, including any extra expenses 
incurred directly on account thereof, also the wages of foremen and the ex- 
penses attached to contractor's liability insurance covering the labor so em- 
ployed. 

No allowance shall be made for overhead charges, general superintend- 
ence, general expenses, contingencies, or use and depreciation of the construc- 
tion plant; neither shall said charges include the maintenance of the con- 
tractor's camp or office, unless such camp or office be maintained primarily on 
account of such extra work. 

Price for yi^ork. — In consideration of the furnishing of the material and 
the completion of all work by the said party of the second part, and on the 
completion of all work and of the delivery of all material embraced in this 
contract in full conformity with the specifications and stipulations herein 
contained, the party of the first part agrees to pay the said second party the 
prices set forth in the proposal hereto attached, marked "Exhibit C" which is 
hereby made a part of this contract. And the said party of the second part 
hereby agrees to receive such prices in full for furnishing all material and all 
labor required for the aforesaid work, also for all expenses incurred by him 
and for well and truly performing the same and the whole thereof in the man- 
ner and according to the specifications and requirements of the engineer. 

Contractor's Responsibility. — Personal attention of the contractor. The 
contractor shall give personal attention to the faithful prosecution and com- 
pletion of this work and shall be present either in person or by duly authorized 
representative on the site of the work continually during its progress. He 
shall maintain an office on or adjacent to the site of the work. 

Contractor's Address. — ^Both the address given in the proposal upon which 
this contract is based and the contractor's office on or near the site of the work 
are hereby designated as places to either of which notices, letters or communi- 
cations to the contractor may be mailed or delivered. The delivery at either 
of the above named places of any such notices, letters or other communications 
for the party of the first part to the contractor shall be deemed sufficient serv- 
ices thereof upon the contractor, and date of said services shall be the date of 
such delivery. 

Contractor's Agent. — The contractor during his absence from the work 
shall keep a competent superintendent or foreman upon the work, fully au- 
thorized to act for him in his absence, and to receive such orders as may be 
given for the proper continuance of the work. Notice of any imperfections in 
the work: or material furnished to any foreman or agent in charge of any por- 
tion of the same, in the absence of the contractor, shall be considered as no 
tice to the contractor. 

Cbservance of Laws and Ordinances. — The party of the second part shall 
be subject to all laws and ordinances of the city of Madison of Dane county, 
Wisconsin, within which this agreement is to be fulfilled, and said contractor 
shall be entitled to no exemption therefrom on account of this contract. 



Sample Contract and Specifications 431 

Protection Against Negligence ayid Damages. — Should any work be done 
or material furnished or placed on public streets or ways or in any other place 
where protection is necessary, the contractor shall at all times and especially 
during the night, put up and maintain such barriers and red lights and take 
such other needful precautions as may be necessary to prevent effectually the 
occurrence of any accidents in consequence of the work being done or ma- 
terial being deposited in such places, and the contractor shall be liable for 
all damages occasioned in this way by reason of his act or neglect or that of 
any sub-contractor or any agent, employee or workman; and the said con- 
tractor shall save and keep harmless the said first party from all suits or de- 
mands for damages alleged to have occurred to persons or property by reason 
of said work or of so placing said material or from said act or negligence. 

The said party of the second part further agrees during the performance 
of the work to take all necessary precautions and to place proper guards for 
the prevention of accidents and put up at night suitable and sufficient light, 
and will indemnify and save harmless the said parties of the first part from 
all damages and costs to which they may be put by reason of injury to persons 
or property, resulting from negligence or carelessness in the performance of 
the work in guarding the same, or from any improper material used in its 
construction or by or on account of act or omission of the said party of the 
second part or his agents or employees; and the said party of the second part 
hereby further agrees that the whole or so much of the money due under or 
by virtue of the agreement as shall be considered necessary by the consulting 
engineer shall or may be retained by the party of the first part until all suits 
or claims for damages, as aforesaid, have been settled and satisfactory evi- 
dence to that effect furnished the said consulting engineer. 

The said contractor shall take proper means to protect the adjacent or 
adjoining property or properties in any way encountered or which might be 
injured by any process of construction, to be undertaken under this agree- 
ment, and he shall be liable for any claims for damages on account of his 
failure to fully protect all property injured during or on account of such 
construction. 

Protection Against Claims for Lahor and Material. — The said party of the 
second part agrees that he will indemnify and save harmless the party of the 
first part from all claims against said first party for material furnished or 
work done under this contract, and it is further agreed by the party of the 
second part that said second party shall if so desired furnish the said first 
party satisfactory evidence that all persons who have done work or furnished 
material under this agreement have been duly paid for such work or ma- 
terial, and in case such evidence is demanded by and not furnished to the 
aforesaid first party, such amount as may in the opinion of the said first party 
be necessary to meet the claims of the persons aforementioned, may be re- 
tained from the money due said party of the second part under this agreement, 
until satisfactory evidence is furnished that all liabilities have been fully dis- 
charged. 

Protection Against Royalties or Patented Inventions. — The contractor 
shall protect and save harmless the party of the first part from all and every 
demand for damages, royalties or fees on any patented invention used by him 
in connection with work done or material furnished under this contract 



432 Appendix B 

unless the article of invention is clearly and specifically required by this con- 
tract; and it shall be the duty of the contractor, if so demanded by the 
party of the first part, to furnish said first party with a proper legal release 
or indemnity from and against all such claims, and any or all payments may 
be withheld from said contractor until said release is furnished if the party of 
the first part so elects. 

If any patented material, machinery, appliance or invention is clearly 
specified in this contract, then and in that event the cost of procuring the 
rights of use and the legal release or indemnity shall be borne and paid by the 
party of the first part. 

Assignment and SuMetting. — The said contractor further agrees that he 
will give his personal attention to the fulfillment of the agreement and that 
he will not sublet the aforesaid work or the furnishing of the aforesaid ma- 
terial but will keep the same under his personal control, and that he will not 
assign by power of attorney or otherwise any portion of said contract unless 
by and with the previous consent of the first party. 

Abandonment. — In case the contractor shall abandon the work and fail or 
refuse to commence it again within ten (10) days after notification from the 
first party, or if he shall fail to comply with the orders of the engineer or with 
this agreement or with the specifications hereto attached, then and in that 
case the sureties on the bond shall be notified and directed to complete the 
same. In case the sureties fail to comply with the notice, the first party may, 
within ten (10) days after serving such notice, carry on the work at the ex- 
pense of the contractor and the sureties. 

Time and Order of Completion. — It is the meaning and intent of this con- 
tract, unless otherwise hereafter specifically provided, that the contractor 
shall be allowed to prosecute his work at such times and seasons, in such or- 
der of precedence, and in such manner as shall be most conducive to economy 
of construction, provided, however, that the order and the time of prosecution 
shall be such that the work shall be completed as a whole and in part in full 
accordance with the specifications and within the time of completion here- 
after designated; provided also that when the first party is having other work 
done, either by contract or by its own force, the engineer may direct the time 
and manner of constructing the work done under this contract, so that con- 
flict will be avoided and the various works being done for the party of the 
first part shall be harmonized. The engineer will arrange for all such work 
so as to avoid as far as practicable all unnecessary inconvenience and expense 
to all parties concerned. 

The party of the second part further agrees that he will commence the 

work within days after the execution of this contract and will progress 

therewith so that by the day of 19. ., the work shall be com- 
pleted in accordance with this agreement. 

Conduct of the Work. Keeping the Plans and Specifications Accessible. — 
The contractor shall be furnished with two copies of all plans, profiles and 
specifications and shall keep one copy of the same constantly accessible on the 
work. 

Character of Workmen. — The said party of the second part agrees to em- 
ploy only orderly, competent and skillful men to do the work; and that when 
ever the engineer shall inform him in writing that any man or men on th^ 



Sample Contract and Specifications 433 

work are in his opinion incompetent, unfaithful or disorderly, such man or 
men shall be discharged from the work and shall not again be employed on 
the same without the engineer's written consent. 

Losses and Damages. — All loss or damage arising out of the nature of the 
work to be done or from the action of the elements or from any unforseen cir- 
cumstances in the prosecution of the same, or from any unusual obstructions or 
difficulties which may be encountered in the prosecution of the work shall be 
sustained and borne by the contractor at his own cost and expense. 

Protection of Finished or Partially Finished Wo7'k. — The contractor shall 
take all necessary precautions to protect all work done or material furnished 
under this agreement from injury by action of the elements or by the process 
of construction; he shall also take proper means to protect adjacent or adjoin- 
ing property in any way encountered or which might be injured by the process 
of construction to be taken under this agreement. 

The contracter shall properly guard and protect all finished or partially 
finished work, and shall be responsible for the same until the entire contract 
is completed and accepted by the engineers. Estimate of partial payment on 
work so completed shall not release the said contractor from such responsi- 
bility but he shall turn over the entire work in full accordance with this con- 
tract before final payment shall be made. 

Hindrances and Delays. — No charge shall be made by the contractor for 
hindrances or delays from any cause (except where the work is stopped by 
order of the party of the first part) during the progress of any portion of the 
work embraced in this contract; but such delays may entitle him to an ex 
tension of time, allowed for completing the work, sufficient to compensate for 
the detention, the amount of the detention to be determined by the engineer, 
provided the contractor shall give the engineer immediate notice in writing 
of the cause of such detention. In case said work shall be stopped by the act 
of the party of the first part, then such expense as in the judgment of the en- 
gineer is caused by such stopping of said work, other than the actual cost of 
carrying on the contract, shall be paid by the party of the first part to the 
party of the second part. 

Defects and Their Remedies. — It is further agreed that if the work or any 
part thereof, or any material brought on the ground for the use in the work or 
selected for the same, shall be deemed by the engineer as unsuitable or not in 
conformity with the specifications, the contractor shall forthwith remove 
such material and rebuild or otherwise remedy such work so that it shall be 
in full accordaance with this contract. 

Construction Plant. — The contractor shall provide all labor, tools, ma- 
chinery and material necessary in the prosecution and completion of this con- 
tract where it is not otherwise specifically provided that the party of the first 
part shall furnish the same, and it is also understood that the party of the 
first part shall not be held responsible for the care or protection of any ma- 
terial, tools or machinery or any part of the work until it is finally completed 
and accepted. 

Police and Sanitary Regulations. Sanitation. — Necessary sanitation con- 
veniences for the use of laborers on the work, properly secluded from public 
observation, shall be constructed and maintained by the contractor in such 
manner and at such points as shall be approved by the engineer, and their use 
shall be strictly enforced. 



434 Appendix B 

Contractor'' s Buildings. — The building structures for tools and material 
or other forms of protection will be permitted only at such places as the en- 
gineer shall direct, and the sanitary condition of the grounds in or about such 
structure shall at all times be maintained in a manner satisfactory to the en- 
gineer. 

Bond. — It is further agreed by the parties to this contract that this con- 
tract shall be executed in triplicate, one copy being retained by the party of 
the first part, one to be delivered to the contractor, and one to the consulting 
engineer. The party of the second part agrees to execute a bond for the sum 

of dollars ( $ ) for the satisfactory performance of the work in 

the form provided for this purpose, and it is agreed that this contract shall be 
void until such bond is furnished and approved by common council of Madison. 
In Witness Whereof the parties to these presents have hereunto set their 
hands and seals the year and day first above given. 

(seal). 

(seal). 

(seal). 

( seal ) . 



Sample Contract and Specifications 435 



EXHIBIT D 

SPECIFICATIONS FOR 

THE CONSTRUCTION OF A CONCRETE RESERVOIR AND SUCTION 
WELL FOR THE CITY OF MADISON, WISCONSIN 

1. Extent of Contract. — These specifications include the furnishing of all 
labor and material, except where otherwise specifically stated, necessary to 
construct and complete the reinforced concrete reservoir and reinforced con- 
crete suction well, all to the forms and dimensions shown on the plans for 
said work accompanying these specifications and numbered A — 2273, A — 2274, 
A — 2282 and A — 2275, which plans are hereby made a part hereof. This 
work shall include: 

a. The furnishing of all labor, tools and material necessary to excavate 
and properly prepare the foundations for the structures, properly backfilling 
around the structures and disposing of excess excavated material in accord- 
ance with the plans and specifications. 

b. The furnishing of all labor, material and equipment for mixing and 
placing all concrete in the floor, walls, columns and roof as hereinafter speci- 
fied. 

c The furnishing and placing of all steel bars for reinforcing the con- 
crete as shown on the plans and according to these specifications. 

d. The furnishing and placing of manholes and covers as shown on the 
plans. 

e. The furnishing and placing of vitrified gutter and connection of same 
with the storm water sewer as shown on the plans. 

/. The furnishing of all labor, tools and construction equipment necessary 
to do all the work included in these specifications. 

g. The city of Madison will furnish all water required for mixing and 
placing the concrete and all water required in any or all boilers used by the 
contractor in prosecuting the work included under these specifications at a 
price of six cents (6c) per hundred cubic feet to the contractor at a city hy- 
drant or city tap nearest to the location selected by the contractor for his 
mixing plant. The water will be that of the city water system and will be 
supplied at the pressure ordinarily prevailing at this hydrant or tap under 
the usual operating conditions. The city will furnish free of cost to the con- 
tractor not more than two (2) meters for measuring the water and the con- 
tractor shall be held responsible for all damages that may occur to said 
meters while used on this work. 

The contractor shall at his own cost and expense furnish the necessary 
reducers, valves and pipes required to regulate and convey the water from 
the hydrant or tap to the points where the water will be used. All pipes used 
in conveying water from the hydrant shall be so placed as not to interfere 
with traffic on public thoroughfares across which said pipe may be carried. 

The contractor shall be held responsible for any damage to the hydrant 
or tap caused by his laborers or agents during the time said connection is 
made with the hydrant or tap. The method of connecting to the hydrant shall 



436 Appendix B 

be subject to the approval of the superintendent of the water works of the 
city of Madison, and in such manner as not to interfere with the connection of 
a fire hose to at least one nozzle of said hydrant. 

The contractor shall provide a suitable storage room wherein to house a 
sufficient quantity of cement to prosecute the construction in a good and 
workmanlike manner. Said storage room shall be constructed so that the 
cement will be kept dry and free from danger of injury in any way. 

2. Estimated Quantities. — The following are the estimated quantities of 
work and material included in this contract: 

RESERVOIR 

Excavation 2,500 cu. yds. 

Concrete— reinforced 1,430 cu. yds. 

Steel Reinforcing Bars and Ladder 112,950 pounds 

Manholes 24 in. C. I. 7 

Wall Flange 30 in. Pipe 1 

Wall Flange 20 in. Pipe 1 

30 in. Pipe 12 lin. feet 

20 in. Pipe 84 lin. feet 

20 in. Pipe Elbow : 1 

Vitrified Pipe Gutter 125 lin. feet 

Vitrified Pipe (8 in. Connection to Sewer) 40 lin. feet 

2 Coats Cement Wash inside 46,830 sq. yards 

SUCTION WELL 

Excavation .360 cu. yds. 

Concrete — Reinforced 95 cu. yds. 

Steel Reinforcing Bars 4,416 pounds 

24 in. Pipe — Flanged — 4 ft. lengths 3 lengths 

30 in. Pipe — 4 ft. length, flanged on one end, bell on 

one end 1 length 

Manhole, Structural steel built up 1 

3. Description. — (a) Reservoir. — This structure is to be used for the 
storage reservoir for the water supply of the city of Madison, Wisconsin, and 
is to be located adjacent to the present reservoir on East Dayton street be- 
tween Blair and Blount streets, facing East Dayton street, covering portions 

of lots 12, 13 and 14 of block 120, according to the plat of this locality. 

(b) Suction Well. — This structure is to be used for the suction of new and 
additional high service pumping machinery and is to be located on the block 
now occupied by the water works pumping station between the station build- 
ing and Gorham street. 

4. Excavation. — The excavation for all structures and foundations shall 
be carried to the grades indicated on the plans and to lines not more than 
two (2) feet from the neat exterior lines of the structure. 

All material excavated, except such as is needed for backfilling, shall re- 
main the property of the city and shall be hauled and deposited at such points 
as may be designated by the engineers at the price named in the proposal. 

5. Concrete Work. — (a) The concrete shall consist of one (1) part of 
Portland cement, two (2) parts of fine aggregate, and four (4) parts of coarse 
aggregate. The proportions of the aggregate shall be based on the volumetric 



Sample Contract and Specifications 437 

measuremeuts in the following manner. One (1) bag of cement, approxi- 
mately ninety five (95) pounds shall be considered as constituting one (1) 
cubic foot of cement. The volume of coarse and fine aggregate shall be 
measured by shoveling into a box or bin without ramming or compacting. 

(b) Cement. — All cement used in the work heretofore described shall be 
of the best quality of American Portland cement. It shall be finely ground, 
thoroughly burned and sufficiently slow setting to permit of working into 
mortar and using on the work before setting shall begin. 

Storage. — All cement shall be furnished in well made bags or barrels bear- 
ing the name, brand, or stamp of the manufacturer, and shall be stored in a 
storage room or warehouse to be provided by the contractor, and which will 
fully protect the cement from the weather. Said warehouse shall be provided 
with a floor so that the cement will be kept from contact with the ground. 

Delivery. — All cement used in the work shall be delivered at the store- 
house at least seven (7) days before it shall be used so that sufficient time 
will be available for its examination and testing. 

Cement which becomes injured in storage and all rejected cement must 
be removed within three (3) days after notice to the contractor of its rejec- 
tion. 

Tests. — All cement used in the work shall be subject to the latest standard 
of tests as prescribed and adopted by the American Society of Civil Engineers. 
Any cement failing to pass any of the requirements above specified may be 
rejected. 

(c) Aggregates. — Before delivery at the work, the contractor shall sub- 
mit to the engineers a fifty pound (50 lb.) sample of each kind of aggregate 
proposed to be used. These samples will be tested and if found to pass the 
requirements of the specifications shall be considered as acceptable for the 
work. 

Fine Aggregate. — Fine aggregate shall consist of natural sand, or screen- 
ings from hard, tough durable crushed rock or gravel, consisting of quartzite 
grains, or other equally hard material graded from fine to coarse with the 
coarse particles predominating. Fine aggregate, when dry, shall pass a 
screen having four (4) meshes per linear inch; not more than twenty-five (25) 
per cent shall pass a sieve having fifty (50) meshes per linear inch, and not 
more than five (5) per cent, shall pass a sieve having one hundred (lOO) 
meshes per linear inch. Fine aggregate shall not contain vegetable or other 
deleterious matter, nor more than three (3) per cent, of clay or loam. 

Fine aggregate shall be of such quality that mortar composed of one (1) 
part of Portland cement, and three (3) parts of fine aggregate, by weight, when 
made into briquettes, shall show a tensile strength at seven (7) and twenty- 
eight (28) days at least equal to the strength of briquettes composed of one (1) 
part of the same cement and three (3) parts Standard Ottawa sand by weight. 
The percentage of water used in making the briquettes of cement and fine ag- 
gregate shall be such as to produce a mortar of the same consistency as that 
of the Ottawa sand briquettes of standard consistency. In other respects all 
briquettes shall be made in accordance with the report of committee on uni- 
form tests of cement of the American Society of Civil Engineers. 

Coarse aggregate. — Coarse aggregate shall consist of clean durable 
crushed rock or gravel graded in size, free from vegetable or other deleterious 
matter and shall contain no flat or elongated particles. The size of the coarse 



438 Appendix B 

aggregate shall be such as will pass a one (1) inch round opening and shall 
range from one (1) inch down, not more than five per cent. (5%) passing a 
screen having four (4) meshes per linear inch. 

(d) Mixing Concrete. — The materials composing the concrete shall be 
thoroughly mixed in a concrete "batch" mixer of an approved design and mix- 
ing shall continue at least one minute after all the materials are in the drum. 
In any event, mixing shall continue until the various ingredients have been 
thoroughly and evenly mixed and the mixture shall have a uniform color. 
The drum shall be completely emptied before the following batch is added. 

Retempering of mortar or concrete which has partially hardened shall not 
be permitted. 

The materials shall be mixed with sufficient water to produce a concrete 
which when deposited will settle to a flattened mass, but shall not be so wet 
as to cause a separation of the mortar from the coarse aggregate in handling 
and depositing. 

All concrete mixed shall be subject to the inspection and approval of the 
engineers or inspectors. 

(e) Placing Concrete. — All concrete shall be conveyed from the mixer 
and placed in such a manner as to reduce so far as practicable the separation 
of the ingredients composing the concrete. Suitable bulkheads or bondboxes 
shall be constructed wherever necessary. All work shall be laid out and car- 
ried out on lines to insure the greatest strength in the structure. Due con- 
sideration shall be given to points at which a day's run shall be stopped, and 
such points shall be subject to the approval of the engineers or inspector. 

The concrete, except as specifically ordered, shall be sufficiently wet to 
flow readily and shall be cut down around the steel rods and next the forms 
with cutting spades and bars of proper size and design for such purpose. Ex- 
treme care must be taken to see that the concrete is spaded sufficiently to 
bring the mortar out to the forms and produce a smooth wall surface, and at 
the same time increase the water tightness of the wall. 

The concrete in beams, roof slabs and walls shall be laid out in such sec- 
tions as shall result in the greatest strength and the most satisfactory work, 
and shall be subject to the approval of the engineers. 

When concrete is to be laid against a surface of concrete which is already 
set, said surface shall be carefully and thoroughly cleaned and washed and 
then carefully and completely covered with a coating of neat cement and wa- 
ter, laid on evenly with a broom or brush. Said coating of neat cement shall 
be added just before the new concrete is placed. 

Noticeable voids or pockets discovered in the concrete when the forms 
are removed shall be immediately filled with mortar mixed in proportions of 
one (1) part of Portland cement to two (2) parts of sand. 

Any cement, mortar or concrete, wholly or partially set before being 
placed, shall be removed and shall not be used in any portion of the work. 

No concrete shall be placed in freezing weather or during such times when 
the temperature will reach as low as 32° F. during the night, unless specifically 
permitted by the engineers. In case permission is given to place concrete 
during the cold weather precautions must be taken to house and protect the 
concrete being placed from freezing. Fires or steam heating shall be used 
in that case to keep the newly placed concrete from being affected by the frost. 



Sample Contract and Specifications 439 

The aggregate and water shall be heated sufficiently so that when the concrete 
is poured into the forms or deposited in place it shall be at a temperature not 
lower than 40 ° F. All concrete work permitted during freezing weather shall 
be i» accordance with the directions and to the full satisfaction of the en- 
gineers. 

(f) Forms. — All necessary forms and false work required shall be pro- 
vided and erected by the contractor at his own cost and expense, and shall be 
of suitable design and strength to shape the walls, beams and other parts of 
the work in the manner shown in the drawings. All forms shall be well 
braced and strengthened and shall be carefully matched or surfaced in order 
to prevent leakage of mortar. It is particularly important that the forms be 
absolutely tight to prevent the leakage of mortar as the loss of mortar will 
decrease the water tightness of the work. 

All forms shall be built true to line and grade and shall be sufficiently 
braced to preserve said line and grade while the concrete is being placed and 
until such time as the concrete has completely set. In case any form should 
give way and produce irregular shapes, or leak and produce a faulty structure, 
said work shall be remedied by the removal of the irregular or faulty portion. 
The forms shall be built from lumber smoothly dressed on the side next the 
concrete, and shall be constructed so that the resulting structure shall present 
a smooth, even and workmanlike appearance. 

All forms shall be left in place until the concrete has attained sufficient 
strength to resist accidental injury and permanent stresses that may come 
upon it. 

Forms shall be carefully and thoroughly cleaned before being used again, 
and shall not be used again when warped or injured, without satisfactory re- 
pairs, 

(g) Top Finish of Concrete. — The top of the roof and the floors shall be 
brought to the lines and grades indicated on the plans and due care must be 
taken with the roof not to permit any hollows or low spots in which the water 
may collect and stand. The roof shall slope uniformly from the center to the 
sides as shown on the drawings. 

The surface of the roof and the floors shall be brought to the proper ele- 
vation and then carefully rodded and screeded off to a uniform surface, after 
which the surface shall be smoothed down with a float. The finished con- 
crete shall be smooth and have an even surface. It is not intended to add a 
layer of mortar, but it is intended to float the concrete mixture sufficiently to 
bring the mortar to the surface, 

(h) Protection of Finished Concrete. — All concrete floors and roofs shall 
be protected from accidental injury. All freshly poured concrete shall be 
protected from the heat of the sun by the use of canvas, paper or sand, and 
shall be thoroughly wet down every twelve (12) hours for at least forty-eight 
(48) hours after the concrete has been poured. 

All concrete work shall become sufficiently hard to prevent injury by 
workmen before walking or passing over it is permitted, 

6, Water Proofiing. — It is intended to water proof the side walls of the 
reservoir from the floor up to elevation 16.5, city datum, and the side walls 
of the suction well from elevation 8 to elevation 16.5, city datum, with hydrated 
lime. The hydrated lime shall be added to the cement at the time the cement 



440 Appendix B 



is placed in the mixer. Tlie hydrated lime shall be of an approved brand and 
shall pass the Standard Specifications for Hydrated Lime of the American So- 
ciety for Testing Materials. 

The hydrated lime shall be added in the proportions of one (1) part of 
hydrated lime to ten (10) parts of Portland cement. The proportions above 
given shall be by volumetric measurement made by shoveling into a suitable 
box without packing and care shall be taken to see that the above mentioned 
proportions are used in every batch. 

After the forms have been removed the inside face of the reservoir walls 
and the inside face of the suction v/ell walls shall be given two (2) coats of 
neat cement wash. The cement shall be mixed with only sufficient water to 
make a mixture that can be applied with a brush. The cement wash shall be 
evenly and thoroughly applied so as to fill the pores of the concrete and in- 
crease the water tightness of the walls. The second coat shall be applied after 
the first coat has thoroughly dried, 

7. Steel Reinforcing Rods. — There shall be built into the concrete at the 
points shown on the drawings, and as directed by the engineers, round steel 
rods of the dimensions indicated. The steel for these rods shall have an ul- 
timate strength of from 55,000 to 63,000 pounds per square inch and shall be 
of the quality known as medium steel. The rods shall be commercial round 
steel rods, free from oil, dirt or loose rust, and shall be equal to the best of 
their class on the market. All rods shall be held to their proper position by 
clips and wires fastened to the forms. The engineer may increase or decrease 
the amount of steel reinforcement as in his judgment seems necessary. Addi- 
tions or deductions in the price paid shall be made for such additions or de- 
ductions in the amount of reinforcement in accordance with the prices stated 
therefor in the proposal. 

The contractor may, if he desires, submit a bid upon twisted or other de- 
formed bars of medium quality of steel and of equivalent cross section. Due 
consideration will be given said bid in lieu of the plain round rods as hereto- 
fore specified. 

When a continuous line of reinforcement is desired the rods shall be 
lapped not less than forty-five (45) diameters for plain rods and thirty-five 
(35) diameters for deformed bars, and shall be securely wired or otherwise 
fastened together in a manner approved by the engineers. 

8. Manholes. — Seven (7) standard cast iron manholes and covers shall 
be furnished and placed by the contractor at the points indicated on the draw- 
ings, or as directed by the engineer. The manholes shall each have an open- 
ing approximately twenty-four inches (24") in diameter, and the covers shall 
be perforated for the admission of air for ventilating purposes. The cover 
shall be sufficiently strong to sustain a concentrated load of 300 pounds at the 
center. 

The contractor shall furnish and place the manhole frame and cover for 
the suction well as indicated on the drawings. 

9. Gutter. — A gutter constructed of fifteen (15) inch vitrified gutter pipe 
shall be constructed along one side of the reservoir and for part of the length 
of the other side as indicated on the drawings. 

The gutter shall be laid to the line and grade to be given by the engineers. 
The joints shall be laid with mortar mixed in the proportions of one (1) part 
Portland cement to two (2) parts of sand of the quality hereinbefore men- 



Sample Contract and Specifications 441 

tioned. A small strip of concrete shall be placed on both sides of the gutter as 
indicated on the plans, and said concrete shall be mixed in the proportion of 
one (1 part of Portland cement to two and one-half (2i/{.) parts of sand to 
five (5) parts of stone or gravel. 

The gutters shall be connected to the storm water sewer by eight inch (8") 
vitrified sewer pipe, as indicated on the plans. A suitable cast iron connec- 
tion shall be provided to connect the gutter to the eight inch (8") sewer pipe 
and said connections shall be provided with suitable grating with a net water 
way equal to sixty (60) square inches. 

10. Cast Iron Pipe. — The contractor shall furnish and place one (1) twelve 
foot length of class B thirty-inch (30") cast iron water pipe. Said pipe shall 
be supplied with a suitable collar or flange at least twelve inches (12") larger 
in diameter than the outside diameter of the pipe. Said collar shall be either 
cast as a part of the pipe or shall be so constructed that a lead joint may be 
poured and calked between the outside of the pipe and the inside face of the 
collar. 

The length of pipe shall be carefully aligned and placed to the proper 
grade and when so placed shall be held rigidly in place during the time the 
concrete is being poured. 

The contractor shall furnish and place seven (7) lengths of Class B 
twenty inch (20") cast iron water pipe. One (1) length shall be furnished 
with a suitable collar of the type above mentioned. The pipe shall be laid on 
top of the reservoir floor and at the end it shall have a ninety degree (90°) 
bend, placed with the outlet turned up. All joints are to be filled with lead 
and thoroughly calked so as to produce a tight joint. 

The pipe, after being properly aligned and placed, shall be anchored to 
the floor of the reservoir by means of three (3) concrete (blocks eighteen 
inches (18") wide, four feet ( 4' ) long and fifteen inches (15") high. 

The contractor shall also furnish and place one (1) length of Class B. 
thirty-inch (30") cast iron water pipe four feet ( 4' ) long with a standard 
flange faced and drilled A. S. M. E. on one end with a standard bell or hub on 
the other end. 

The contractor shall furnish and place) three (3) lengths of Class B 
twenty- four inch (24") cast iron pipe four feet ( 4' ) long with standard 
twenty-four inch (24") cast iron pipe four feet ( 4") long with standard 
flanges, faced and drilled A. S. M. E. on both ends. 

The three (3) lengths of twenty-four inch (24") and the one (1) length 
of thirty inch (30") pipe above mentioned are to be furnished with suitable 
collars as previously described, and the contractor shall place them to the 
line and grade indicated on the drawings and as outlined by the engineers. 
Due care must be taken to see that the axis of the pipe is truly horizontal and 
remains so until the concrete is poured and has thoroughly set. 

Before leaving the job, the contractor shall cover the ends of the pipes 
projecting outside the concrete structures by means of board covers securely 
fastened to the pipes to prevent sand entering the pipes. 

11. Shecti7ig and Pumping.~The contractor shall provide all labor and 
materials necessary to properly sheet around the proposed work so as to ex- 
cavate to the depth and lines indicated on the plans. Said sheeting shall be 
carried to such depth as to prevent the sand or other materials from coming 
into the portion excavated. 



442 Appendix B 

The contractor, at his own cost and expense, shall provide all necessary 
pumps to properly unwater the site and keep same free of water during such 
time as the work is under construction. The contractor shall provide all 
labor and materials to keep the site unwatered during the course of construc- 
tion and shall provide all necessary bulkheads, drains, etc., to prevent running 
water from coming in contact with newly placed concrete, or concrete being 
placed. No concrete shall be placed in water if there is the least possible 
chance of the materials being separated. Under no circumstances shall 
the contractor place any concrete in water without the express permission of 
the engineers. 

12. Protection of Present Reservoir. — The concrete in the present reser- 
voir is of rather poor quality and it is uncertain whether the side walls will 
be self-sustaining with the earthen embankment removed from the wall on 
the northeast side. The contractor will be required, at his own cost and ex- 
pense, to take such necessary precautions to brace the above mentioned wall 
sufficiently to withstand the pressure of the water when the reservoir is filled 
to elevation 9.5, city datum. Such bracing may consist of a heavy wale 
placed against the wall at an elevation of 9.5 with heavy shores placed about 
sixteen feet ( 16' ) apart. Said shores shall be thoroughly braced and an- 
chored at the foot to resist the thrust resulting from the water pressure. In 
any event, the contractor will be required to furnish sufficient bracing of suit- 
able kind to reinforce the present wall so that the old reservoir may be uti- 
lized and kept filled with water up to elevation 9.5. 

13. Timber Floor. — In case the character of the ground in the bottom of 
the excavation for either or both the reservoir and the suction well is so soft 
and yielding that it will be impossible to secure a good job of concrete work 
for the floors, of which the engineers shall be the judge, then in that case a 
timber floor shall be constructed by the contractor over the entire area or 
areas. The contractor shall in that case provide all labor and materials nec- 
essary to construct said floor or floors. 

The floor shall consist of one (1) thickness of one inch (1") hemlock 
matched lumber securely nailed to hemlock stringers two inches (2") by four 
inches (4") and spaced not more than four feet ( 4' ) apart. The hemlock 
lumber shall be of such nature that a tight floor will result. 

The stringers are to be embedded in the earth and the ground leveled 
off to the top of said stringers. The tops of said stringers are to be placed 
one inch (1") below the bottom of the concrete floor. Care must be taken to 
see that the ground is carefully graded off to the top of the stringers so that 
the timber floor will have a uniform bearing. 

Second hand lumber may be used in the construction of said floor pro- 
vided the lumber is of such quality as will make a tight floor. 

14. Price and Measurement. (a) Reservoir. — The lump sum price bid 
for the construction of the concrete reservoir shall include the cost of all 
labor and materials to properly excavate the site to the lines and grades shown 
on the drawings; said excavation work shall consist of loading the material 
into wagons or other means of conveyance but shall not include the cost of 
handling and depositing same. The lump sum bid shall include all labor, 
tools and materials necessary to sheet around the site of such portions as may 



Sample Contract and Specifications 443 

require sheeting, and shall include the cost of all pumps, pumping machinery, 
labor and materials required to properly unwater and keep the site free from 
water. 

Said lump sum shall include the cost of all labor, tools, plant machinery, 
forms and all materials necessary to make and deposit in place the concrete 
specified and to furnish and add the water proofing materials and shall in- 
clude the cost of all labor and materials required to add the wash coat of neat 
cement. 

Said lump sum shall also include the cost of all labor and materials nec- 
essary to furnish and place all reinforcing rods, the iron ladder, the cast iron 
manholes, the cast iron water pipe, the vitrified gutter pipe and the sewer pipe 
and connections to the storm water sewer. 

Said lump sum shall also include all necessary bracing of every kind nec- 
essary to properly reinforce the northeast wall of the existing reservoir dur- 
ing such time as the nev/ reservoir is being built. 

It is intended that the lump sum bid shall cover the entire cost of the 
completed structure except for the item of hauling and depositing the ma- 
terials excavated and the cost of the timber floor. 

(b) Suction Well. — The lump sum bid by the contractor for the suction 
well shall include the cost of all labor, tools, plant, machinery and materials 
necessary to properly sheet around the proposed pit, excavate the material 
and load same on a wagon or other means of conveyance, unwater and keep the 
site free of water, make and deposit all the concrete and reinforcing steel, and 
provide and add the water-proofing material and apply the cement wash coats. 

Said lump sum shall also include the cost of furnishing and placing the 
cast iron pipe and collars hereinbefore mentioned and the steel manhole 
frame and cover and the necessary ladder, all as shown on the accompanying 
drawings. 

It is intended that the lump sum bid shall include the cost of the com- 
pleted suction well in accordance with the plans and specifications, with the 
exception of hauling the material excavated and constructing the timber floor. 

(c) Hauling and Depositing Excavated Material. — All material excavated 
and not required for back filling shall be and remain the property of the city 
and shall be hauled and deposited at the site or sites selected by the city and 
as specified by the engineer. All material hauled shall be at the price named 
by the contractor and such price shall cover the entire cost of hauling and de- 
positing the material at said site or sites. 

(d) Timber Floor. — The price bid by the contractor for the timber floors 
shall include the cost of all labor and materials necessary to construct the 
timber floors in case they are ordered constructed by the engineer. 

(e) Extra Work. — All work ordered by the engineers and not included 
under any of the previous headings or under the prices bid by the contractor, 
and which logically comes under this contract, shall be paid for on the basis 
of cost plus the percentage bid by the contractor. The cost of this extra 
work shall be calculated on the basis of the price paid all laborers and foremen 
actually engaged on this particular work, a part of the cost of the superin- 
tendent and time keeper; said part to be charged as extra work shall be the 
proportional part of the entire amount paid said superintendent and time- 
keeper that the field pay roll of the extra work bears to the entire field pay 
roll for the days that said extra work is being performed. The cost shall 



444 Appendix B 

also include the price of any small tools, such as picks, shovels and hammers 
that may be worn out or lost by the men actually engaged on said extra work 
during such time as they are engaged on said extra work. 

Said extra cost shall include the cost of any lumber, hardware, cement, 
gravel or any other material used and incorporated in said extra work. The 
cost shall include all liability insurance actually paid on the laborers and 
foremen engaged on said extra work. , 

Said cost of extra work shall not include any overhead, carrying, general 
or general office expense. 

The percentage added to the cost shall cover all rental for any plant, ma- 
chinery or large tools furnished by the contractor and used by him on said 
extra work. No additional charges for rentals will be allowed but said extra 
cost shall include the expenses of all ordinary renewals or repairs made to 
the machinery or equipment and caused by the use of the machinery and 
equipment while actually used on said extra work. 

15. Removal of Unused Material, Ruhbish, etc.. — All unused material, and 
all rubbish of any kind, must be removed and deposited in a place satisfactory 
to the superintendent of the water works, and in accordance with the city 
ordinances. The reservoir and suction well shall be thoroughly cleaned and 
left in a condition satisfactory to receive water. All work shall be left in a 
neat, clean and orderly condition. 



APPENDIX C 

DRAWINGS AS A BASIS FOR SPECIFICATION WRITING 

The following drawings are furnished as a basis for the writing 
of specifications in order that the student may have a definite and dis- 
tinct conception of the subject on which he is required to write. The 
student should be assigned one or more of these subjects and be re- 
quired to write complete specifications of all or of such part of the same 
as may seem desirable. 



446 



Appendix C 



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447 



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449 




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451 










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453 




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455 




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Drawings for Specifications 



463 



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464 Appeuuix C 

PUMPING STATION 

The following Figures 19 to 24 inclusive are drawings for a water 
works pumping station. Specifications may be drawn for work and 
material for either the plant as a whole, or for the various parts ac- 
cording to the following schedule: 
Building. 

Excavation. 

Foundations. 

Concrete floors and walls. 

Wooden floors. 

Brick walls. 

Cut stone. 

Roof trusses. 

Roof. 

Machine foundations. 

Stairways. 

Railings. 

Doors. 

Windows. 

Wainscoting. 

Trim. 

Gutters and downspouts. 
Chimney. 
Machinery. 

Steam piping. 

Water piping. 

Sewer piping. 
Breeching and smoke connection. 
Boiler — 125 H. P. return tubular. 
Heater. 

Engine — 50 H. P. simple Corliss. 
Triplex power pump, 500 gallons per minute, 200 ft. lu'a<). 



Drawings for Specifications 



465 




a 
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466 



Appendix C 




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467 




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469 



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470 



Appendix C 






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Section B-B 



Fig. 24. — Water Works Pumping Station, Chimney. 



Drawings for Specifications 471 

WATER POWER PLANT 

The following Figures 25 to 28 inclusive show four views of a 
vertical turbine setting with plate steel bulkhead, timber penstock 
gates, trash racks, etc. Specifications may be drawn for either the com- 
plete structure or its various parts as given in the following schedule : 
i| Rock and earth excavation. 

Concrete. 
Ii Plate steel bulkhead and other wrought iron work. 
ji Trash racks and supports. 
' Cast iron. 

Timber gates and other timber work. 
Harness or power transmission machinery. 
Gate lifting devices. 



472 



Appendix C 



/9'-0"- 



C./. Cuf pinion 
CJ.Morf/sed gear; 



'/ixe'Sf.f^o// P/. 




-2-/5'Is-C./.5ep: 
Wheef Pit 
C./.Co/s. -/O'^C/a/rf. 




*^^^-^^W\ 



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<S-6' 



Fig. 25. — Vertical Turbine Setting — Sectional Elevation Tnrough Wheel-pit 

and Bulkhead. 



i 



Drawings for Specifications 



473 




WP/yMy'A 



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474 



Appendix C 




Drawings for Specifications 



475 







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476 



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\%9-er 




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Drawings for Specifications 



477 



■ya''3o//er p/ofe 



^/f6"3o//er p/a/e 




Wafer gauges %"xZ4" q/055 
screwed for •% "pipe - brast 
fitfinqs • wood wheels 



3/a'0o//er p/afe 



/e'C./ f/anqed p/pe 





32- '^/ye' ho/e& on 27" 
circ/e for ^/a.' r/t/efs 

/6-ho/es orj Z/y4 "circle 
tap for /"cop 
screws- furnish /6 
I'xZ^W hexaqono/ 
head cap screws 



Top for /' 
cop screi* 



Water gauges 




Cost /ron sodd/e fianqe 



Top shell for 
'k'air pipe 



doffom^f/anqe remoyecf 



Fig. 30.— Plate Steel Air Chamber. 



478 



Appendix C 



^ 
\ 

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479 



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480 



Appendix C 




Drawings for Specifications 



481 






5'-6' 



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I'ig. '34. — Structural bteel Transmission Line Pole — Excavation, Work and 
Material for Setting Concrete Bases and Anchors, Work and Material for 
Construction and Erection of Steel Pole. 



482 



Appendix C 




he.-^^ 



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Drawings for Specifications 



483 




6eneraior Pane/s 
#/ #2 




1 



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Gcnerafor ^ / 



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C/rcu/'f breakers. 

-/Jmmefers. 

Vo/fmeters. 

-Sheosfafs 
/\/arr}e p/afes 
Bus bars 

/^n/fe 5iv itches 



Waft-hour mefcra 




^AAAAA/ 



Ccncrcfor ^2 



Fig. 3G.— Switch Board for Two 500 K. W. Direct Current Generators— Fur- 
nishing and Erecting. 



484 



Appendix C 



5i^nchro3cope 




Generator rheostat 



/4. C. /!Jmmefer. 
AC. Wo ^ meter 

D.C.r/e/ct ammeter 
AC Vo/f meter 
/4.C. Ammeter s^v/tch. 
Concentric exc/ter and gene- 
rator r/7eo5tat mec/yan/sm. 
Vo/t meter receptacle, 
rfeld discharge smtch 
3i^nchronizincj receptacte. 
Ooirernor con trot switch 



O// switch handle. 



Waff hour meter 



#/ ^z 

Generator panels. 




A.COen. 6ot^. control 
^/ ^ofor ^1 



^2 



ACOen. 6o^. control 
^2 Motor ^2 



Connections same crs 
panel ^ I. 



Fig. 37.— Switch Board for Two 500 K. W. Alternating Current Generatorf?- 

Furpisliing and Erecting, 



APPENDIX D 

BIBLIOGRAPHY OF SPECIFICATIONS 



In compiling this bibliography the following references were con- 
sulted : 

Abbreviation 

Engineering News Eng. News 

Engineering Record Eng. Rec. 

Engineering Contracting Eng. Cont 

Transactions American Society of Civil Engineers A. S. C. E. 

Transactions American Society of Mechanical Engineers A. S. M. E. 

Transactions American Institute of Electrical Engineers A. I. E. E. 

General Sessions National Electric Light Association N. E. L. A. 

Proceedings American Society for Testing Materials. .Am. Soc. Test. Mat. 
Proceedings American Water Works Association. . . .Am. W. Wks. Ass'n 
Proceedings American Railway Engineering and Maintenance of Way 

Association A. R. E. & M. W. Ass'n 

Proceedings New England Water Works Association. .N. E. W. Wks. Ass'n 
A Manual of Engineering Specifications and Contracts, by Lewis M. 

Haupt (18 83). Published by J. M. Stoddard & Co., Philadelphia 

Haupt 

Engineering Contracts and Specifications, by J. B. Johnson, McGraw-Hill Book 

Co., New York Johnson 

Standard Specifications, by John C. Ostrup. Published by McGraw-Hill 

Book Co., New York Ostrup 

References to several other publications are given, among which 
may be noted : 

Transactions of the Society of Automobile Engineers 
Proceedings Master Car Builders' Association 
Professional Papers, Corps of Engineers, United States Army 
Proceedings of National Association of Cement Users 
Proceedings of American Railway Bridge and Building Association 

Reference to The Engineering News and Engineering Record are 
usually given as follows: 1913-11-672 — the first number referring 
to the year, the second indicating the volume of that year and the 
last giving the page on which the matter is found. It should be 
noted that references in periodicals given as taken from the proceed- 
ings of the American Society for Testing Materials or given in any 
volume of the publications of that society may be found in their latest 
form in the latest Year Book of the Society. 



486 Appendix D 

STANDARD SPECIFICATIONS 

The following specifications have been proposed by various indi- 
viduals and organizations as "standard," and if found satisfactory for 
particular purposes may be adopted by reference or reproduced with 
necessary changes. Frequently revised editions may be available, and 
in any case when their use is contemplated, copies of the latest edition 
should be secured, examined, and if satisfactory, filed for reference 
after adoption for any special purpose. 

Alloys — 

Aluminum alloys, copper alloys, phosphor bronze, brass, babbit, etc. 

Trans. Society Automobile Engineers, 1910, 1911. 
Manganese bronze ingots. Proc. Am. Soc. Test. Mat., 1911. See "Alloys.' 
Aluminuni^ — 

Castings, wire and cable. Year Book Am. Soc. Test. Mat., 1910. See 
"Aluminum." 
Boilers — 

Report Am. Boiler Mfgs. Ass'n. Steam Engineering, June. 1900. See 
"Boilers." 
Brick — 

Proc. Am. Soc. Test Mat, 1913. See "Pavement," "Brick," Etc. 
Bridges^ 

Ostrup. Proc. A. R. E. & M. W. Ass'n, 1906, 1907, 1905, 1910. See 
"Bridge," "Timber," "Iron and Steel." 
Buildings — 

Jour. Am. Soc. Eng. Cont., 1911. Handbook for Architects and Builders. 

Vol. 16, 1913. See "Building," "Fire Protection." 
Illinois Society of Architects. Handbook for Architects and Builders. 
Vol. XIX, 1916. 
Castings — 

Ch-ay iron. Proc. Am. Soc. Test. Mat., 1905. Trans. Soc. Auto. Eng'rs, 

1910, Am. Foundry Men's Ass'n, 1901. 
Steel. Proc. Am. Soc. Test. Mat, 1905. Trans. Soc. Auto Eng'rs, 1910. 
See "Aluminum," "Iron and Steel," "Cars." 
Cement— 

U. S. Standard. Eng. News, 1896, 1897, 1898. Proc. Am. Soc. Test. Mat, 
1909. Proc. A. R. E. & M. W. Ass'n, 1903, 1905, 1909. Trans. Am. Soc. 
C. E., 1910. Professional Paper 28, Corps of Eng'rs. U. S. Army. Eng. 
Rec. 1910-1-819. Trans. Can. Soc. C. E. Vol. 23. See "Cement" 
Concrete^ 

Proc. Nat. Ass'n Cement Users, 1908. Engineering Work in Towns and 
Cities, by McCullough. Ostrup. Proc. A. R. E. & M. W. Ass'n, 1910 
See "Concrete." 
Copper — 

Proc. Am. Soc. Test. Mat., 1911 and 1913. See "Copper," "Wire," Etc. 
Electrical — 

Rules. Trans. A. I. E. E., 1911. 
Motors. Trans. A. I. E. E., 1907. 



Bibliography of Specifications 487 

Insulators. Trans. A. I. E. E. 1914. 

Lights. Eng. Rec, 1913. Trans. Soc. Auto. Eng'rs, 1911. 

Electric Power Club. Standardization Rules of Club, 1916. C. H. Roth, 
Sec'y, 1410 W. Adams St., Chicago, 111. 
Transformers. "Electrical Machine Design," by Gray. See "Electrical," 
"Transmission Lines." 
F]xcavation— 

Seattle. Eng. Cont. July 5, 1911. See "Excavation," "Measurement." 
Fences— 

A. R. E. & M. W. Ass'n. 1911. 
Fire Protection — 

National Fire Protection Ass'n,* 87 Milk Street, Boston. Nat'l Board 
Fire Underwriters,* 135 William Street, New York. 
Building— 

Fireproof Construction Requirements. National Fire Protection Assoc. 

Nat'l Board Fire Underwriters. 
Building Code. Concrete Construction. Nat'l Board Fire Underwriters. 
Recommendations pertaining to Sloio Burning or Mill Construction. 
Nat'l Board of Fire Underwriters. 
Pumps— 

Centrifugal. Electric, Rotary and Steam Fire Pumps. Nat'l Board of Fire 
Underwriters, Notes oh Hydraulics by I. J. Owen. Pub. by The Insur- 
ance Press, New York, Crosby-Fiske Handbook of Fire Protection. 
Pub. by Insurance Field Co., Louisville, Ky 
Sprinklers^ — 

Rules and Requirements for Automatic Sprinkler Systems. Nat'l Board 
Fire Underwriters. 
Tanks — 

Pressure and Gravity. Nat'l Board of Fire Underwriters. 
Wirings 

Insulation. Nat'l Board Fire Underwriters. 
Hydrants — 

Jour. N. E. W. Wks. Ass'n, 1912. Eng. News, Aug. 7, 1913, June, 1913. 
See "Hydrants," "Valves." 
Iron and Steel — 

Axles. Proc. Am. Soc. Test. Mat., 1905, 1911, 1913. 

Boiler Plate, rivet steel. Trans. A. S. M. E. 1902, 1903, 1904, 1914. Proc. 

Am. Soc. Test. Mat, 1909, 1913. 
Blooms and Billets. Am. Soc. Test. Mat., 1913. 
Castings. Proc. Am. Soc. Test. Mat., 1904, 1905. Trans. Soc. Auto. 

Fng'rs, 1910. 
Malleahle Iron. Trans. Soc. Auto Eng'rs, 1910. 
Pig Iron. Proc. Am. Soc. Test. Mat., 1909. 
Iron and Steel — Continued. 

Rails. Carnegie Steel Co. Pamphlet. Proc. Am. Soc. Test. Mat., 1906, 
1907, 1909, 1915. "Steel Rails" by Sellew. 



* Copies of publications of the above associations may be secured from 
the secretaries at the addresses given. 



488 Appendix D 

Reinforcing Bars. A. R. E. & M. W. Ass'n, 1910. Trans. A. S. C. E., 1910. 

Proc. Am. Soc. Test. Mat., 1911, 1912, 1913. 
Splice Bars and Statj Bolts.— Froc. Am. Soc. Test. Mat., 1907, 1909, 1913. 

Carnegie Steel Co. Handbook. 

Spring Steel. Proc. Am. Soc. Test. Mat, 1907. 

Structural. Proc. Am. Soc. Test. Mat, 1909. Ostrup. Trans. Soc. Auto 
E;ng'rs, 1910. See "Iron and Steel," "Castings," "Railways." 

Masonry^ 

Stone. Proc. A. R. E. & M. W. Ass'n.Vol. 9 and Year Book 1911. See 
"Masonry." 
Measurement — 

Concrete. Nat'l Ass'n. Cement Users. Eng. News, Vol. 67. See "Meas- 
urement" 
Oils— 

Coal Tar Creosote. A. R. E. & M. W. Ass'n, 1910. 
Linseed. Proc. Am. Soc. Test. Mat., 1913. 
Lubricating. Trans. Soc. Auto Engr's, 1910. See "Oils." 
Paint— 

Preservative Coatings. Proc. Am. Soc. Test. Mat., 1913. Trans. Soc. 
Auto Eng'rs, 1911. See "Paint" 

Pavements — 

Street Railway Pavements. Nat'l Paving Brick Mfgrs. Ass'n, 1911. 
Ass'n for Standardizing Paving Specifications. Annual Reports. Chi- 
cago. Eng. Cont. Mar. 9-16, 1910. Maine. Eng. Cont. Sept 16, 1914. 
Pittsburg. Eng. Cont Aug. 21, 1912. Seattle. Eng. Cont Aug. 9, 1911. 

Asphalt. Neio Jersey. Eng. Rec, 1912. New York City "Highway En- 
gineering," by Morrison. American Soc. Municipal Imp., 1911. Pub. 
by Municipal Journal, Chicago. Eng. Cont. Mar. 23, 1910. 

Brick. Chicago. Eng. News, 1910. Nat'l Pav. Brick Mfgrs. Ass'n. W. P. 
Blair, Sec'y. Cleveland, Ohio. Proc. Am. Soc. Mun. Imprvt., 1911. 
Pub. by Municipal Jour. Year book Am. Soc, Test. Mat., 1913. 

Concrete. Nat'l Ass'n Cement Users. Eng. Cont. Jan. 20, 1909. 

Macadam. Chicago. Eng. News, 1910. New Jersey "Highway Engineer- 
ing" by Morrison. See "Pavement and Road Construction," "Brick," 
Etc. 
Plastering^ 

Standard Specilcations for Exterior Plastering (stucco). Ass'n Metal 

Lath Mfgrs. Pamphlet August, 1913. 812 Wick Bldg., Youngstown, 

Ohio. 
Pipe— 

Cast Iron. Proc. Am. W. Wks. Ass'n, 1908, 1912. Proc. Am. Soc. Test. 

Mat., 1904. Seattle. Eng. Cont. Aug. 2, 1911. 
Concrete. Proc. Nat. Ass'n Cement Users, 1911. 
Vitrified. Am. Soc. Test Mat., 1914. Eng. Cont Aug. 19, 1914. Iowa 

State Drain. Ass'n, Eng. News, 1913. 
Pipe — Continued. 

Wood Stave. Proc. Am. Ry. Bridge & Bldg. Ass'n. 32d Ann. Rept. See 

"Pipe." 



Bibliography of Specifications 489 

Railways — 

Ballast. Proc. A. R. E. & M. W. Ass'n, 1902, 1905, 1910. 

Car Wheels. Proc. Am. Soc. Test. Mat, 1905, 1913. 

Cars. Proc. Master Car Bldrs. Ass'n, 1911. 

Fences. A. R. E. & M. W. Ass'n, 1911. 

Frogs and Switches. A. R. E. & M. W. Ass'n, 1909, 1910. 

Rails. See "Iron and Steel." 

Rolling Stock. Proc. Am. Soc. Test. Mat. 1904. 

Signals. A. R. E. & M. W. Ass'n, 1905-6-7. 

Tires. Proc. Am. Soc. Test. Mat., 1909. 

Track Construction. Eng. News, 1900-11, p. 430. See "Railways," 
''Cars" "Iron and Steel,'' Etc. 
Refractory Material — 

Silica Brick, Etc. Can. Engr. Vol. 23, p. 331. 
Sewers — 

American Soc. Mun. Impvt. Munic. Engng., 1912. 
Sidewalks, Curbs and Gutters — 

Nat'l Ass'n Cement Users. Eng. News, 1909. Eng. Cont. Jan. 20. 1909, 
Feb. 23, 1910. "Civil E,ng. Pocket Book," by Frye. "Engineering 
Work in Towns and Cities," by McCullough. See "Sewers." Nat'l 
Ass'n Cement Users. Eng. Cont. Jan. 20, 1911. Civil Engrs. Pocket 
Book, Frye. Engineering work in Towns and Cities. McCullough. 
See "Sidewalk." 
Signals — 

A. R. E. & M. W. Ass'n, 1905-6-7. See "Railways." 
Timber — 

Structural. Proc. Am. Soc. Test. Mat, 1907, 1910, 1913. Seattle. Eng. 
Cont. Aug. 30, 1911. Trans. A. R. E. & M. W. Ass'n, 1908-9-13. Year 
Book A. R. E. & M. W. Ass'n, 1911. Ostrup. Yellow Pine Mfgrs. Ass'n. 
Manual of Standard Construction, 1911. 

Tics. Eng. News, 1911-11. p. 430 A. R. E. & M. W. Ass'n, 1906. See 
"Timber." 

U. S. Dept. Agric. Forest Service. Bui. 71. Rules and Specifications for 
the Grading of Lumber adopted by the various Lumber Manufacturing 
Associations of U. S., compiled by E. R. Hodson, 1906. 
Transmission Line^ 

Overhead Wires— Seattle. Eng. News, Vol. 67. Nat'l Elec. Lt. Ass'n, 1913. 
See "Transmission Line," "Wire," "Cable." 
Valves — See "Hydrants." 
Wire- 
Copper- Harddrawn. Proc. Am. Soc. Test. Mat, 1909. 

Aluminum. Year Book. Am. Soc. Test Mat, 1910. 

Insulated. Proc. A. I. E. E., 1911. Proc. Ry. Signal Ass'n, Vol. 8. 

Bonding. Copper Clad. Proc. Ry. Signal A&s'n, Vol. 9. See "Wire." 

Wiring. See "Fire Protection." 

Zinc. Penn. R. R. Soc. Auto Engrs. Vol, 6. Prpc. Am. Soc Test Mati 
1911. 



490 Appendix D ; 

SPECIFICATIONS ALPHABETICALLY ARRANGED 

Acetylene Generators — 

Specifications for acetylene generators at Fort McPherson, Ga. Eng. 
News, 1904-1-102. 
Aeroplane — see "Flying Machine." 

Air Brake Hose — 

Discussion at Master Car Builders' Ass'n. Eng. News, 1901-II-7; 
1904-1-586; 1904-II-9. 

Air Compressor — 

Air compressor for air lift plant at Spring Lake, N. J. Eng. News, 
1905-1-223. 
Alloys — 

Specifications for Aluminum Alloys, by Henry Souther, Chm. Standards 
Comm. for Soc. of Automobile Engineers, 1910. Reference: Trans, 
of the Soc. of Automobile Engineers, Vol. 5, pp. 168-175. Note: 
For notes and instructions referring to above, see same volume, 
pp. 176-202. 

Copper and its alloys. Abstract of Pennsylvania R. R. specifications 
for materials. (In practical use for several years. Reprint rec. by 
Soc. of Automobile Engineers' Standard Committee, 1911.) Refer- 
ence: Trans, of the Soc. of Automobile Engineers, Vol. 6, pp. 400- 
445. 

Specifications for Phosphor-Bronze Bearing Metal, by Henry Souther, 
Chm. Standards Comm. for Soc. of Automobile Engineers, 1910. 
Reference: Trans, of the Soc. of Automobile Engineers, Vol. 5, 
pp. 168-175. Note: For notes and instructions referring to above, 
see same volume, pp. 176-202. 

Yellow Brass, by Henry Souther, Chm. Standards Comm. for Soc. of 
Automobile Engineers, 1910. Reference: Trans, of the Soc. of Au- 
tomobile Engineers, Vol. 5, pp. 168-175. Note: For notes and in- 
structions referring to above, see same volume, pp. 176-202. 

Valve Bronze, by Henry Souther, Chm. Standards Comm. for Soc. of 
Automobile Engineers, 1910. Reference: Trans, of the Soc. of Au- 
tomobile Engineers, Vol. 5, pp. 168-175. Note: For notes and in- 
structions referring to above, see same volume, pp. 176-202. 

Babbit Metal, by Henry Souther, Chm. Standards Comm. for Soc. of 
Automobile Engineers, 1910. Reference: Trans, of the Soc. of Au- 
tomobile Engineers, Vol. 5, pp. 168-175. Note: For notes and in- 
structions referring to above, see same volume, pp. 176-202. 

Standard specifications for manganese bronze ingots (adopted 1911). 
Proc. Am. Soc. Test. Mat., 1911, Vol. 11, p. 150. 
Aluminum — 

Wire for Electric Transmission Lines, by F. A. C. Perrine and F. G. 
Baum. Eng. News, 1900-11-215. 

Castings, wire and cable. Am. Soc. Test. Mat. Year Book, 1910. 



Bibliography of Specifications 491 

Asphalt — see "Bitumen." 
Axles — see "Iron and Steel." 
Ballast, Railway — 

Specifications. Report A. R. E. & M. W. Ass'n. Eng. News, 1903-1- 
285. 

Standards in United States, Canada and Mexico. Eng. News, 1900-11- 
142. 
. Roadbed ballast. Report of committee, materials and form of cross- 
section. Proc. A. R. E. & M. W. Ass'n, 1902, Vol. 3, p. 128. 

Ballasting. Report of committee specifications for materials and 
cross-section for stone, gravel, cinders, burnt clay, shells. Proc. 
A. R. E. & M. W. Ass'n, 1905, Vol. 6, p. 734; 1906, Vol. 7, p. 83. 

Revised — for ballast specifications. Proc. A. R. E. & M. W. Ass'n, 
1910, Vol. 11, p. 907. 

Balloon — 

U. S. Signal Corps. Specifications for a dirigible balloon. Trans. 
A. S. M. E., 1908, Vol. 30, p. G89. 
Barges- 
Specifications for steel barges for Mississippi River improvement 
work. Eng. Cont., Apr. 24, 1912, p. 457. 
Bearings — see "Iron and Steel;" "Alloys." 

Belts — 

Leather driving belts. Water power electric plant at Austin, Texas. 
Johnson, p. 245. 

Bitumen — 

Confusion of Terms "Asphalt" and "Pitch" in Specifications, by C. G. 
Atwater. Eng. News, 1908-1-639. 

Asphaltic pavements and sheet asphalt at Vancouver, B. C. Eng. 
News, 1912-11-770. 

Methods of analysis for tars and suggested specifications for their use. 
U. S. Office of Public Roads. Eng. Cont., Oct. 14, 1908, p. 240. 

Specifications for bituminous road binders. Paper before First Con- 
{>;ess of Road Builders, by A. B. Fletcher. Eng. Cont., Sept. 1, 
1909, p. 185. 

Specifications of New York State Highway Department for Bituminous 
Macadam and Bituminous Materials. Eng. Cont., Dec. 8, 1909, 
p. 490. 

Asphalt specifications of Pennsylvania Highway Department. Eng. 
Cont, Aug. 19, 1914, p. 193. 

See also "Pavements," "Oils." 

Toronto Asphalt Specifications by G. C. Powell. Can. Eng. Vol. 25, p. 837. 
Bituminous Concrete Plant — 

English Specifications for Bituminous Concrete Mixing Plant and De- 
scription of Acceptance Test, by W. H. Grieves. Eng. Cent., Sept. 30, 
1914, p. 325. 



492 Appendix D 

Boilers — 

United States government naval specifications. Eng. News, 1899-1- 
15, 183. 

Specifications for water tube boilers for St. Louis, Mo. Eng. News, 
1894-1-151; 1896-11-280, 315, 330. 

Standard specifications. Report to the American Boiler Manufactur- 
ers' Association. Eng. News, 18 98-11-251. 

Uniformity in specifications for marine boilers. Report to the Am, 
Boiler Manufacturers' Association. Eng. News, 1904-11-373. 

Specifications for horizontal tubular and boiler equipment. Dummy 
form. Useful in making up specifications for tubular boilers to- 
gether with settings. Power, Dec, 1905, pp. 728, 729. 

Specifications for boilers. Fairly complete, carefully drawn up in 
blank form, convenient for general use. The Engineer, July 15, 
1902, pp. 514, 515. 

Uniform specifications for boilers. Recommendations of the Amer. 
Boiler Makers' Ass'n Comm. Contains some of the important fea- 
tures of report. Very practical. Modern machinery, 1900-1901, 
pp. 233-236. 

Specifications for boilers. Standard requirements of the Amer. Boiler 
Manufacturers' Ass'n. Of practical interest and value. Includes 
items of greatest value to those who are engaged in operating 
plants, but has nothing to do with manufacturing of boilers. Steam 
Engineering, June, 1900, pp. 317, 318. 

Boilers. New Orleans, La. Johnson, p. 409. 

Water tubular boilers and settings. St. Louis, Mo. Johnson, p. 29 6. 

See also "Steam Plant." 

Brick — 

Specifications for brick. Report to the Am. Soc. Test. Mat. Eng. 
News, 1909-11-56. 

Specifications for Common and Vitrified Brick and Laying Same in 
St. Louis, Mo., by W. W. Horner. Eng. Cont., Sept. 13, 1911, p. 286. 

Proposed standard specifications for building and paving brick. Proc. 
Am. Soc. Test. Mat., Vol. 13, 1913, p. 286. 

See also "Pavement." 

Bridge — General and Details — 

Specifications for the Design of Bridges and Subways, by H. B. Sea- 
man. Covers, loading, stresses, details, foundations, etc. Trans. 
A. S. C. E., Vol. 75, 1912, p. 313. 

Standard Specifications for Bridges, by Ostrup. (McGraw-Hill Book 
Company.) Highway Bridges, pp. 13-25; Railroad Bridges, pp. 26- 
36; Plate Girders, pp. 37-4 2. Note: Adapted from General Specifi- 
cations for Steel Railroad Bridges, 1910, of A. R. E. & M. W. Ass'n. 

Materials and Workmanship. Materials for Structural and Rivet 
Steel, by Ostrup. Pages 43-53. 

Inspection, Painting and Erection, Standard Specifications for, by 
Ostrup. Pages 54-57. 



Bibliography of" Specifications 493 

Bridge — General and Details — Continued. 

Specifications and tables for steel framed structures. Publication by 
American Bridge Co. of New York. General edition, 1913. 

Bridge — Highway- — 

Relation of Bridge Specifications to Highway Improvement. Paper 
before Ind. Eng. Soc, by Prof. A. Smith. Eng. Rec, 1911-1-83. 

Highway bridge specifications outlined by U. S. office of public roads. 
Eng. Rec, 1913-11-230. U. S. Dept. Agriculture Office of Public Roads 
Circular 100, 1913. 

Steel highway bridge. Specifications of the office of public roads. 
Editorial Eng. Rec, 1913-11-255. 

Steel highway bridges and viaducts. American Bridge Company. 
Johnson, p. 433. 

Bridges. Specifications for the superstructure of the Blackwell's 
Island bridge. Lengthy abstract carefully drawn up. Contain spe- 
cial features. Eng. Rec, Vol. 48, Aug. 22, 1903, pp. 222-224. 

Bridge, specifications for a suspension. Full specifications drawn up 
by Mr. Cooper for suspension bridge over Hudson River at New 
York City. Eng. News, Vol. 33, Mar. 7, 1895, pp. 159, 160. 

Specifications for concrete floor by United States Office of Public 
Roads. Eng. Rec, 1913-11-305. 

Specifications for Replacing Wood Floor with Reinforced Concrete for 
Highway Bridges, by L. C. Smith. Eng. Cont., Feb. 14, 1912, p. 179. 

General specifications for concrete and steel bridge work of the 111. 
State Highway Commission. Eng. Cont., Oct. 21, 1914, p. 391. 

Design features of Williams' reinforced concrete highway bridge, Co- 
lumbus, Ohio. Specifications for work and materials. Eng. Cont., 
June 3, 1914, pp. 309, 643. 

See also "Concrete." 

Bridges, Metal, Railway — 

Bridge specifications of the Baltimore and Ohio R. R. Eng. News, 
1894-1-408; 1895-11-365; 1896-1-392. 

Bridge specifications of the Boston & Maine Ry. Eng. News, 1897-1- 
175. 

Specifications for Chicago Drainage Canal railway bridges. Eng. 
News, 1897-11-363. 

Specifications for steel for railway bridges. Drawn up by Geo. H. 
Thompson, formerly bridge engineer of New York Central R. R., 
cover difficulties in the way of obtaining suitable materials at rea- 
sonable cost. Eng. News, May 31, 1894, p. 446. 

Specifications for bridge over the Mississippi river at Rock Island, 
111. Eng. News, 1896-1-407. 

Specifications for suspension bridge over North river, New York. Eng. 
News, 1895-1-145, 159, 176. 

Specifications for steel bridges and viaducts of the Atchison, Topeka 

& Santa Fe Ry. Eng. News, 1903-1-485. 
Specifications for Blackwell's Island bridge. New York. Eng. News, 

1903-11-113, 202, 442. 



494 Appendix D 

Bridges, Metal, Railway — Continued. 

Specifications for material and workmanship for steel structures and 
schedule of unit strains. Report of committee. A. R. E. & M. W. 
Ass'n, 1903, Vol. 4, p. 130. 

Specifications for Erection of R. R. Bridges, by J. E.* Greiner. A. R. 
E. & M. W. Ass'n, 1910, Vol. 11, p. 130. Also Eng. Cont., Mar. 30, 
1910, p. 299. 

General specifications for steel railroad bridges, loads, design details 
and material. Report of committee. A. R. E. & M. W. Ass'n, 1905, 
Vol. 6, p. 218; 1906, Vol. 7, p. 185; 1910, Vol. 11, p. 115. 

Steel Railroad Bridges and Viaducts. Pennsylvania Railroad, John- 
son, p. 459. 

American Bridge Co.'s New Specifications for Bridges. Article con- 
tains important extracts from same, selected to cover problems of 
design. Eng. Rec, Vol. 42, Dec. 1, 1900, pp. 521-523. 

Specifications for Steel Bridges by J. A. L. Waddell. John Wiley & 
Sons, 1900. See also De Pontibus, by Waddell. John Wiley & Sons, 
1898. 

Specifications for river bridge. Ohio river. Haupt, p. 179. 

Specifications for wrought iron railroad bridge. Pennsylvania R. R., 
Morrisville Station. Joseph M. Wilson, Engineer Bridges. Haupt, 
p. 142. 

Specified and Actual Loads of Railway Bridges. Eng. Rec, Vol. 66, 
p. 622. 

Specifications for East River bridge. New York. Eng. News, 1901- 
1-290, 454; Eng. Rec, 1899-11-573. 

Specifications for electric railway bridges of the Massachusetts Board 
of Railroad commissioners. Eng. News, 1900-11-427. 

Sydney Harbor bridge, requirements for stresses and materials. Eng. 
News, 1901-11-5 8. 

Specifications for workmanship, Thebes bridge. Eng. News, 1905- 
1-481. 

Specifications for steel railroad bridges. Trans. A. S. C. E., Vol. 41, 
1899, pp. 140, 164, 257. 

Specifications for Metal Bridges Movable in a Vertical Plane. B. R. 

Leffier, with discussion. Trans. A. S. C. E., Vol. 76, 1913, p. 370. 
See also "Iron and Steel;" "Cable." 

Bridge, Timber — i 

Specifications for timber bridge. Eng. News, 1901-1-264. 
Recommended specifications for workmanship for pile and timber 

trestles. Committee Report. A. R. E. & M. W. Ass'n, 1906, Vol. 7, 

p. 689, 1907, Vol. 8, p. 398. 

Discussion of specifications for wooden bridges and trestles. A. R. 

E. & M. W. Ass'n, 1902, Vol. 3, p. 238. 
Specifications for timber bridges and trestles. Committee Report. 

A. R. E. & M. W. Ass'n, 1905, Vol. 6, p. 27. 



J 



Bibliography of Specifications 495 

Bridge, Timber — Continued. 

Specifications for metallic details used in wooden bridges and trestles. 
Committee Report. A. R. E. &, M. W. Ass'n, 1906, Vol. 7, p. G92; 
1910, Vol. 11, p. 178. 

Bridge and Trestle Work. Haupt, p. 173. 
See also "Timber." 

Ilronze — see "Alloys." 

ISuilding — 

Architects' and builders' uniform contract. (Adopted and recom- 
mended for general use by American Inst, of Architects; also the 
National Association of Builders.) Reference: Electric Lighting 
Specifications, by Merrill; 2d edition, pp. 204-213. 

Building code of the City of New York theaters and opera housesi: 
(Proposed by Joint Comm. of A, I. of Architects, Nat'l Board of 
Fire Underwriters, etc.) Reference: Insurance Engineering, Vol. 
21, pp. 298-307. Note: For various rules, regulations and recom- 
mendations of Nat'l Board of Fire Underwriters, Nat'l Fire Pro- 
tection Ass'n, see late volumes of Fire Insurance. 

Specifications for oil houses. (Adopted by Independence Inspection 
Bureau of Philadelphia.) Reference: Insurance Engineering, Vol. 
21, p. 444. 

Municipal building laws in the United States. Compared by R. 
Fleming, Designing Engineer of American Bridge Company. Eng. 
News. 1913-II-9. 

Various rules and requirements of the National Board of Fire Un- 
derwriters for different forms of building construction and fire pro- 
tection, pumps, appliances, etc. Reference: Handbook of Fire 
Protection for Improved Risks, by Crosby & Fiske. Press of Stand- 
ard Pub. Co., Boston, Mass. 

Building ordinance of the City of Chicago. (Passed by the city coun- 
cil, Dec. 5, 1910.) Reference: Handbook for Architects and Build- 
ers, published under auspices of Chicago Architects Business Asso- 
ciation. Vol. 16, 1913, p. 67. 

Complete specifications for a frame dwelling. "International Library 
of Technology," Vol. 33, sect. 23, p. 1. 

Report on Uniform Specifications for Buildings, by Wm. B. Bamford. 
Discusses the general considerations affecting contract specifica- 
tions. Journal Am. Soc. of Eng. Cont., March,. 1911. . 

Specifications for Office Buildings, by Fred W. Winterbum. Sugges- 
tions helpful n writing a good specification. Brick Builder, Dec. 
1909, Vol. 18, pp. 257-259. 

High service pumping station No. 3, St. Louis, Mo. Johnson, p. 267. 

Engine house, St. Louis Water Works. Johnson, p. 304. 

Passenger depot. Baltimore & Potomac R. R., Washington, Haupt, 
p. 124. 

Construction of college building. Pennsylvania, Haupt, p. 110. 



496 Appendix D 

Building — Continued. 

Chicago specifications for standard hollow tile fire proofing. Ref- 
erence: Handbook for Architects and Builders, Vol. 16, 1913, 
p. 183. 

Gravel roofing specifications. (Adopted by Chicago Master Compo- 
sition Roofers' Ass'n.) Reference: Handbook for Architects and 
Builders, Vol. 16, 1913, p. 302. 

Modern plumbing specifications used on work done under the super- 
vising architect of the treasury department, Washington, D. C. 
The Building Mechanics' Ready Reference, by Richey (Plumbers, 
Steam Fitters' and Tinners' Edition), pp. 428-450. 

Specifications for the plumbing installation in the Hotel Santiago, 
Havana, Cuba. Plumbing Plans and Specifications, by J. J. Cos- 
grove, pp. 65-84. 

World's Fair (Chicago) for materials and workmanship. Eng. News, 

1892-1-291. 
Cleveland, O., regulations and specifications for reinforced concrete. 

Eng. News, 1912-1-99, 305. 

Specifications for structural work of buildings. Trans. A. S. C. E., 

1905, Vol. 51, p. 371. 
Specifications for Grade A. Office Building. Requirements of Nat'l Fire 

Proofing Ass'n. Eng. Rec. Vol. 73, p. 831. 
Also see "Lathing;" "Roofing;" "Masonry." etc. 
Cable, Suspension — 

Specifications for suspension cable. Drawn up by Mr. L. L. Buck for 

new East River bridge. Extracts cover manufacture and erection 

of wire work proper. Eng. Rec, Vol. 40, Nov. 18, 1899, pp. 573, 

574. 
See also "Transmission Line." 
Caissons^ 

Specification for caisson for pier of Cincinnati highway bridge. Trans. 

A. S. C. E., 1892, Vol. 27, p. 218. 
Canal Locks — 

Cut stone masonry at Sault Ste. Marie. Eng. News, 1895-11-194-238. 
Also see "Masonry;" "Concrete." 
Cars — 

Proposed specifications for car couplers. Eng. News, 1892-1-436; 

1899-1-393-396. 
Couplers for interurban cars where interchange of equipment is in- 
volved. Eng. News, 1912-11-861. 
Specifications and guarantee for C. I. wheels. Rept. M. C. B. Ass'n. 

Eng. News, 1897-1-360, 367. 
Cast iron wheels for sixty, eighty and one hundred thousand pound 

cars. Eng. News, 1904-1-614; 1904-n-9. 
Specifications for C. 1. wheels adopted by Master Car Builders' 

Ass'n. Eng. News, 1909-11-112. 
Specifications adopted by Am. §oc, Test. Mat. Eng. News, 1912-1- 



Bibliography of Specifications 497 

Cars — Continued. 

Standard specifications for C. I. car wheels. Proc. Am. Soc. Test. 
Mat., Vol. 5, 1905, p. 65. 

Proposed standard specifications for forged and rolled, forged, or 
rolled solid steel wheels for engine truck, tender and passenger 
subway and elevated Ry. service. Proc. Am. Soc. Test. Mat., Vol. 
11, 1911, p. 55. 

Same for freight service. Same, p. 59. 

Gondola cars. Empire Transportation Company, Haupt, p. 201. 

Butter and egg cars. Empire Transportation Company, Haupt, 
p. 198. 

Stock cars. Empire Transportation Company, Haupt, p. 197. 

Rack cars. Empire Transportation Company, Haupt, p. 194. 

Box cars. Empire Transportation Company, Haupt, p. 192. 

Boiler tank cars. Empire Transportation Company, Haupt, p. 188. 

Car materials. Standards and recommended practice of the Master 
Car Builders' Association. Proceedings Master Car Builders' 
Ass'n, Vol. 45, 1911, pp. 521-788. Includes various specifications 
for car material and equipment. Standard specifications, recom- 
mended practice. 

Castings — 

Specifications for malleable castings (C. L. Sullivan). Eng. News, 

1897-1-247. 
Specifications for foundry castings (J. I. Case Co.). Eng. News, 

1898-n-220. 

Specifications for Pig Iron and Iron Castings for Philadelphia & Read- 
ing Ry. Co., by Robert Job. Eng. News, 1904-1-253. 

Specifications for cast iron and finished castings. Eng. News, 1904- 
1-584. 

Specifications for pig iron and castings, sampling clause. Eng. News, 
1904-1-559. 

Specifications for foundry supplies (J. I. Case Co.). Eng. News, 
1902-11-184. 

Standard specifications for gray iron castings. Proceedings Am. Soc. 
Test. Mat., Vol. 5, 1905, p. 71. 

Specifications for aluminum castings. Proc. Am. Soc. Test. Mat., 
Year Book, 1910. 

Proposed standard specifications for gray iron castings. (Adopted 
in amended form by letter ballot of the Amer. Soc. for Testing Ma- 
terials, Sept. 1905.) References: Digest — "Civil Engineers Pocket 
Book," by Frye, p. 498. Proc. Am. Soc. for Testing Materials, Vol. 
5, pp. 71-74; also 1913 Year Book, pp. 191-194. 

Gray Iron Castings, by Henry Souther, Chm. Standards Comm. for 
Soc. of Automobile Engineers, 1910. Reference: Trans, of the 
Soc. of Automobile Engineers, Vol. 5, pp. 168-175. Note: For 
notes and instructions referring to above, see same Vol., pp. 176- 
202. 



498 Appendix D 

Castings — Continued. 

Gray iron castings; molding or test pieces and standard specifications 
for. Abstract of report presented to American Foundry Men's Ass'n 
I in June, 1901, by committee of same. Eng. News, Vol. 46, Aug. 1, 

' 1901, p. 76. 

See also "Aluminum;' "Iron and Steel," etc. 

Catchbasin — see "Sewer." 

Cattle Guards — 

Requirements of Canadian government commission. Eng. News, 1902- 
11-389. 

'Cement — 

Philadelphia work. Comparison of American and foreign cements 
Eng. News, 1896-1-306, 338. 

South Australian government cement spec. Eng. News, 1896-11-404. 
Standard specifications United States government engineer corps, 1896. 
1897. Eng. News, 1898-1-230, 231, 274. 

Canadian Society Civil Engineers' specifications for cement. Eng. 
News, 1903-1-12 9. 

Report by board of engineers United States army on properties and 

testing. Eng. News, 1901-11-183. 
Report on specifications for natural and Portland, by A. R. E. & M. W. 

Ass'n. Eng. News, 1903-1-285. 

Natural and Portland. Am. Soc. Testing Mat. Eng. News, 1904-1- 
619. 

Standard specifications for. (Adopted by Am. Soc. for Test. Mat., 
Aug. 16, 1909.) Approved by A. S. C. E. and A. R. E. & M. W. 
Ass'n and Ass'n Cement Mfgrs. Reference: Amer. Civil Eng. Pocket 
Book, 1st edition, p. 482. "Reinforced Concrete Construction," by 
Hool. Vol. 2, p. 64 8. "Handbook for Architects and Builders." 
Pub. auspices Chicago Architects' Business Ass'n, Vol. 16, 1913, 
p. 199. Proc. Am. Soc. for Test. Mat., Vol. 9, 1909 pp. 116-130; 
also Year Book. "Standard Specifications," by Ostrup, pp. 65-69. 

Standard specifications for cement. Adopted by the A. R. E. & M. 
W. Ass'n, 1905. (Joint committee. A. S. C. E.; Am. Soc. for Test. 
Mat. Latest revision, 1911, Year Book; A. I. of Arch.; U. S. Army; 
Ass'n Port. Cement Users, and Am. Ry. Eng. Ass'n.) Reference: 
Proc. of A. R. E. & M. W. Ass'n, Vol. 11, pp. 705-719. Note: 
Committee reports certain amendments during 1910, and recom- 
mends revision. Proc. of Ass'n. Vol. 11. Part 2, pp. 956-958. 
Trans. A. S. C. E., Vol. 66 (1910), p. 454; Vol. 77 (1914), p. 427. 
Proc. A. R. E. & M. W. Ass'n, 1903, Vol. 4, p. 380; 1905, Vol. 6, 
p. 704; and 1909, Vol. 10, p. 1338. 

Sand-Cement as used by the U. S. Reclamation Service. Abstract of paper 
by Charles H. Paul in Proc. Am. Soc. C. E. — Feb. 1913. Eng. News, 
Vol. 69, p. 562. 

British standard specifications for Portland. (Issued by the Engi- 
neering standards committee and supported by the various institu- 



Bibliography of Specifications 499 

Cement — Continued. 

tions of Engineers. References: Practical Cement Testing, by 
Taylor, p. 308. 

United States Army standard specifications for. (Rec. about 1902 by 
Board of Engineers Officers on Testing Hydraulic Cements, for use 
in the Engineer Dept. U. S. Army.) References: Professional Pa- 
pers No. 28, Corps of Engineers U. S. Army; Practical Cement 
Testing, by Taylor, p. 303. 

Standard method of testing and specifications for Portland. (Recom- 
mended by Comm. Canadian Soc. C. E.) Reference: Trans. Cana- 
dian Soc. C. E., Vol. 23, pp. 56-71. 

Cement, lime and clay products. Standard specifications adopted by 
the American Society for Testing Materials. Three Specifications, 
1913 Year Book, pp. 254-286. Note: Above book contains all 
standard specifications of the society, sixty-three or sixty.four in 
number. 

Testing of hydraulic cements. Adopted by a Board of U. S. Engineer 
Officers in 1901, and used by the Engineer Dept. of the U. S. Army. 
Johnson, p. 515. 

Standard cement as used by the U. S. Reclamation Service. Eng. 
News, 1913-1-562. 

Recommended changes in Portland cement specifications. By Bureau 
of Science of the Philippine Islands. Eng. News, 1913-1-298. 

Portland specifications for Lackawanna railroad. Eng. News, 1913-1- 
298. 

Portland cement. Specifications for leading articles of same. Pre- 
pared by H. Von Schon for both quick-setting and slow-setting 
cement. Eng. Rec, Vol. 39, Mar. 11, 1899, p. 332. 

Portland cement. British standard specifications for. (Adopted by 
Engineering Standards Committee of Great Britain on Nov. 23, 
1904.) Eng. News, Vol. 53, Mar. 2, 1905, pp. 227-228. 

Model specifications and tests for. (Adopted by the Bureau of Engi- 
neering of the city of Pittsburg. Better for general concrete work 
than for wearing surface and cement sidewalks. Municipal Engi- 
neering, Vol. 19, July, 1900, pp. 18-20. 

Hydraulic cements. Testing of same. Report Corps of Engineers, 
U. S. A. Specifications classified under purchase tests and accept- 
ance tests, rather complete. Eng. Rec, Vol. 44, Sept. 21, 1901, 
pp. 274-277. 

Portland cement. Some comparisons of standard specifications for 
testing, by Duryee, Chemist California Portland Cement Co. Con- 
siders Russian specifications excellent for requirements of chemical 
composition and compares same with specifications of other coun- 
tries. Eng. News, Vol. 47, Jan. 9, 1902, pp. 23, 24. 

National Board Fire Underwriters. Eng. News, 1906-1-588. 
United States government standard. Eng. News, 1911-n-301. 
Delaware, Lackawanna & Western R. R. Eng. News, 1913-1-185. 
Bonus system for purchase of cement. Eng. News, 1913-n-281. 



500 Appendix D 

Cement — Continued. 

British and American standards compared. R. W. Lesley, Eng. News, 

1905-11-523. 
New German Standard Specifications for Cement, by H. Burchartz. 
Eng. Rec, 1910-1-819. 

Chains — 

Wrought iron chains. Pennsylvania railroad company. Johnson, 
p. 234. 

Chemicals^ 

Miscellaneous, Soaps and Chemicals, hy R. Hose. Abstract of Penn- 
sylvania R. R. specifications for materials. (In practical use for 
several years. Reprint Rec. by Soc. of Automobile Engineers' Stand- 
ard Committee, 1911.) Reference: Trans, of the Soc. of Automobile 
Engineers. Vol. 6, pp. 400-445. 

Coal and Coke — 

Specifications and Proposal for Shipping Coal, by J. E. Woodwell. 

Proc. Am. Soc. Test. Mat., Vol. 7, 19.07, p. 554. 
The Purchase of Coal, by D. T. Randall. Sampling selection and 

notes on specifications. Trans. A. S. M. E., 1911, p. 313. 

Specifications for city of Chicago. Eng. News, 1910-11-563. 

Purchases by Third Avenue R. R. Eng. Rec. 1909-11-33. 

Uniform coal specifications, Chicago Board of Pub. Wks. Eng. Rec, 

1910-11-475. 
Coke, specifiations and testing. Eng. News, 1912-1-657. 

Concrete — 

Report of joint committee on concrete and reinforced concrete. (Edi- 
torial.) Eng. News. Vol. 69, p. 273. 

Specifications for concrete work. St. Louis. Eng. News, Vol. 67, 
p. 228. 

Railroad concr3te work. Illinois Central railway company. Johnson, 
p. 328. 

Concrete Specifications for Bridge Structures, by United States Office 
of Public Roads. Eng. Rec, Vol. 68, p. 305. 

Proposed standard specifications for architectural concrete stone. 
(Submitted by Comm. of Nat. Ass'n Cement Users in 1911.) Ref- 
erences: Engineering Work in Town and Cities, by McCullough, 
2d edition, p. 239. 

Concrete dam. Extracts from specifications for construction of Ele- 
phant-Butte Dam, Rio Grande Project of U. S. R. S. Eng. News, 
Vol. 69, 1913, pp. 120-122. 

General Specifications for Concrete Bridges, by W. J. Watson, Con« 
suiting Engineer. 82 pages, 50c Address M. A. Vinson, Caxton 
Bldg., Cleveland, O. 

General Specifications for Concrete and Reinforced Concrete, Includ- 
ing Finishing and Waterproofing (1913), by Jerome Cochran. Pub. 
by D, Van Nostrand Co. 



Appendix D 501 

Concrete — Continued. 

Standard specifications for cement hollow blocks. (Adopted Jan.> 
1908, by the Nat'l Ass'n of Cement Users, Philadelphia, Pa.) Ref- 
erences: Engineering Work in Towns and Cities, by McCullough, 
2d edition, p. 247. Proc. of the Nat'l Ass'n of Cement Users, Vol. 4, 
pp. 185-193. 

Standard Specifications for Reinforced Concrete, by Ostrup (McGraw- 
Hill Book Company), pp. 75-93. 

Standard specifications for plain and reinforced concrete, and steel 
reinforcement. (Adoption recommended by Comm. on Masonry of 
A. R. E. & M. W. Ass'n, 1910.) References: Walls, Bins & Grain 
Elevators, by Ketchum, 2d edition, pp. 520-525; Proc. A. R. E. & 
M. V. Ass'n, Vol. 11, part 2, pp. 9G2-967; 1911 Year Book, pp. 188- 
194; Manual of recommended practice of the same Ass'n; Recom- 
mended Practice for Designing Reinforced Concrete Structures 
(adoption recommended by committee of A. R. E. &. M. W. Ass'n, 
1910); Proc. of Ass'n, Vol. 11, part 2, pp. 968-969. See also Man- 
ual of Recommended Practice of the above association. 

Specifications and Design Standards for Reinforced Concrete Struc- 
tures, by Ernest McCullough. Eng. News, 1913-1-282. 

Specifications for concrete and reinforced concrete. Joint committee 
A. S. C. E., Am. Soc. Test. Mat., A. R. E. & M. W. Ass'n, and A. 
A. Portland Cement Mfgrs. Eng. News, 1913-1-258. 

Reinforced concrete regulations for New York city and for Cleveland, 
Ohio. Eng. News, 1912-1-98 et seq. 

Specifications for floors. Eng. News, 1895-1-189. 

German specifications for design, constructing and testing of con- 
crete structures. L. L. Moisseiff. Eng. News, 1905-11-478. 

Blocks, specifications for. Nat'l Ass'n Cement Users. Eng. News, 
1908-1-70. Nat'l Ass'n Mchy. Mfgrs. Eng. News, 1906-1-153. 

Manufacture of, for hollow walls, F. W. Haglock. Eng. News, 1905- 
1-440. 

Concrete slabs, specifications for. Eng. News, 1910-1-443. 

Concrete for new ship lock at Sault Ste. Marie. Eng. News, 1911-11- 
276. 

Specifications and methods of test. Eng. News, 1912-1-557. 

Concrete specifications for bridge substructure. U. S. Office of Public 
Roads. Eng. Rec, 1913-11-305. 

Atlantic Avenue subway, Brooklyn. Eng. News, 1902-1-420. 

Aurora, Elgin & Chicago Railway Measurement of Cement and Con- 
sistency of concrete. Eng. News 1902-11-285. 

Hudson River tunnel work. Eng. News, 1913-n-337. 

Illinois Central Railroad bridges and culverts. Eng. News, 1901- 
n-44. 

Report A. R. E. & M. W. Association. Eng. News, 1902-1-24 6; 
1903-1-274, 284. 

Reservoir lining, Aurora, HI. Eng. News, 1902-1-423. 
Proportioning concrete. U. S. Navy Dept. Eng. News, 1912-n-201. 



502 Appendix D 

Concrete — Continued. 

Specifications and design standards for reinforced concrete structure. 

Ernest McCullough. Eng. News, 1913-1-28 2. 
Field Testing and Inspection on Reinforced Concrete Building Con- 
tracts, by G. H. Bayles. Paper before Nat'l Ass'n Cement Users. 

Specifications and methods of testing, Eng. Rec, 1912-1-528. 
Consistency of concrete. Specifications of The Concrete Institute. 

Eng. Rec, 1912-1-185. 
Proposed standards for measuring concrete construction. Nat'l Ass'n 

of Cem. Users. Eng. Rec, 1912-1-387. 
Depositing concrete under water. Results of study by Committee 

of Am. Ry. Eng. Ass'n. Eng. Rec, 1912-1-3 28. 
Specifications and methods of tests for concrete materials. Nat'l Ass'n 

of Cement Users progress report. Eng. Rec, 1912-1-349. 
Reinforced concrete in New York City. Regulations adopted in 1911. 

Eng. Rec, 1912-I-2G. 
Specifications for scrubbed concrete surface. Report presented to 

Nat'l Ass'n Cement Users. Eng. Cont., Jan. 4, 1911, p. 5. 

Standard plans and specifications for retaining walls, Seattle, Wash. 

Eng. Cont., July 19, 1911, p. 58. 
Reinforced concrete pipe culverts for railways. Sample specifications 

from various railways. Eng. Cont,, Oct. 23, 1912, p. 4 73. 

Methods of testing for concrete materials. Report of Committee Nat'l 

Ass'n of Cement Users. Eng. News, 1913-1-42. 
Specifications and methods of test for concrete materials. Eng. Rec, 

1911-1-349. 

Specifications and Design Standards for Reinforced Concrete Structures, 
Abstract of paper before 111. Soc Engrs, & Surv. Jan,, 1913, by Ernest Mc- 
Cullough. Eng News, Vol. 69, p. 282. 

Reinforced Concrete Regulations, Uniform regulations adopted by build- 
ing superintendents in five boroughs of New York City, Eng, News, 
Vol. 67, p. 98. 

See also "Measurement." 

Copper — 

Standard specifications for copper wire, bars, cakes, slabs, billets, 
ingots and ingot bars. Adopted, 1911. Proc Am. Soc Test. Mat., 
Vol. 11, 1911, p. 143. 

Standard specifications for electrolytic copper wire, bars, cakes, slabs, 
billets, ingots and ingot bars. Am. Soc. Test. Mat., Vol. 13, 1913, 
p. 218. 

Standard specifications for lake copper, wire, bars, cakes, slabs, bil- 
lets, ingots and ingot bars. Am, Soc Test. Mat., Vol. 13, 1913, 
p. 214. 

Culverts — 

Specifications for corrugated metal culverts in Minnesota. From ^ 
bulletin by highway commission. Geo. W. Cooley, State Engr. 
Eng. Cont., July 1, 1914, p. 17. 

See also "Concrete." 



f 



Bibliography of Specifications 503 

Curb — See "Sidewalk, Curb and Gutter." 

Dams — 

Wachusett dam, details of. A. D. Flinn. Eng. News, 1900-11-177. 
The New Kensico Dam (masonry dam), by A. D. Flinn. Eng. Rec, 
1912-1-772. 

Elephant Butte dam. Extracts from specifications, U. S. Reclamation 
Service. Eng. Rec, 1913-1-120. 

New regulations governing the design and construction of dams. New 
York State Conservation Comm. Eng. Rec, 1912-1-74. 

Abstract of Specifications for Earthen Dam for McAlester, Okla., by 
J. W. Holman. Eng. Cont., Nov. 13, 1912, p. 547. 

Specifications for timber dam at Hymelia Crevasse, La. Eng. Cont., 

Sept. 18, 1912, p. 328. 
Earthen dam for storage reservoir for irrigation purposes. Johnson, 

p. 130. 
Masonry. Kanasha River. Wm. P. Craighill, Maj. of Engineers. 

Haupt, p. 71. 

Contract. No. 5 Soughborough, of the Boston Waterworks. John- 
son, p. 358. 

Specifications for the Arrow Rock dam U. S. Reclamation Service. 
Eng. News, 1913-1-118. 

See also "Concrete." . 

I'rainage — see "Excavation." 
Drain Tile — see "Pipe." 
Karthwork — see "Excavation." 
Electrical — General — 

Engineering Specifications, by Frank F. Fowle before Armour Inst, 
of Tech., Branch of A. I. E. E. Discusses the relation of specifica- 
tions to contracts and matters related, giving three examples of 
specifications. Proc A. I. E. E., Sept., 1911, Vol. 30, No. 9, 
pp. 2029-2047. 

Standardization rules of the A. I. E. E. (As approved June 27, 1911.) 
References: Trans, of the A. I. E. E., Vol. 30, Part 3, p. 2539. 
Note: Preliminary draft of revised rules printed in Nov., 1013. 
Address, 33 W. 39th St., N. Y. 

Rules of the National Electric Light Ass'n. (Adopted 1891 and, 
amended Feb., 1892.) References: Electric Lighting Specifica- 
tions, by Merrill. 1st ed., p. 118. 

Rules of the National Board of Fire Underwriters. (Edition of Jan. 
1, 1895.) Reference: Electric Lighting Specifications, by Merrill. 
2d ed., p. 154. 

Electrical Inspection. Section of review of City of Chicago, Govern- 
ing Electrical Inspections. (Adopted March 13, 1911.) Reference: 
Handbook for Architects and Builders, Vol. 16, 1913, p. 165. 

Electrical inspection. Regulations governing Commonwealth Edison 
Company's system. Reference: Handbook for Architects and Build- 
ers, Vol. 16, 1913, p. 173. 



504 Bibliography of Specifications 

Electrical — General — Continued. 

Protection of electric service employees, rules for. Being an order 

of the New York Public Service Commission. First District. Eng. 

News, 1913-1-1131. 
See also "Transmission Lines." 

Electric Generators and Motors — 

Specifications for Performance and Ratings of Generators and Motors, 
by W. L. Waters. Notes and points on operating requirements. N, 
E. L. A. Thirty-second convention, Vol. 11, 1909, p. 443. 

Electric generators. St. Charles St. Railroad Co., New Orleans, La. 
Johnson, p. 414, 

A. C. Generator. Typical Specification for an Alternating Current 
Generator, "Electrical Machine Design," by Gray, pp. 312-314. 

D. C. Generator. Typical Specification for a Direct Current Generator, 
"Electrical Machine Design," by Gray, pp. 153-155. 

Induction Motors. Typical Specifications for a Large Induction Mo- 
tor, "Electrical Machine Design," by Gray, pp. 4 22-4 24. 

Standardization rules A. I. E. E. Performance specifications and 
tests. A. I. E. E., Vol. 24, 1907, Part II, p. 1799. 

Parallel operation of alternating current generators. Engine require- 
ments. Specifications of Westinghouse El. &, Mfg. Co. E. M. Ting- 
ley and H. E. Longwell. Eng. News, 1902-1-498. 

Electric Insulators — 

Testing of and proposed standard ^specifications. C. E. Skinner. Eng. 
News, 1908-11-4 4. 

Specifications covering inspection and tests of high tension line insu- 
lators of porcelain for over 25,000 volts. Committee report. Proc. 
A. I. E. E., Oct. 1914. 

Specification and Analytical Procedure for 30 per cent. Hevea Rubber In- 
sulating Compound. Report of Joint Rubber Insulation Committee, 
1913. Reprinted by Simplex Wire and Cable Co., Boston, Mass. 

Electric Lighting — 

Requisites of modern lighting generator sets, H. G. Reist. Eng. 
News, 1900-11-4 23. 

Electric Lighting. Rules and requirements of the New England In- 
surance Exchange for electric lighting. (Adopted Sept. 2 7, 189 0. 
Revised in conjunction with Comm. from New England Electric Ex- 
change.) References: Electric Lighting Specifications, by Merrill, 
1st ed., p. 154. 

Electric street lighting plant. Specifications for arc system drawn up 
for City of Toronto, Ont., by the city engineer. Large Plant. Few 
specifications for work of this kind published. Eng. News, Vol. 32, 
Aug. 23, 1894, pp. 148, 149. 

Street lights standard specifications for. Editorial. Eng. Rec, 1913 
11-595. 

Street Lighting by arc lamps, specifications for. Used for street arc 
lights in Oswego, N. Y. Of some practical interest. Eng. News, 
Vol. 33, April 11, 1895, p. 234. 



Appendix D 505 

Electric Lighting — Continued. 

Electric lamps. Abstract of Pennsylvania R. R. specifications for 
materials. (In practical use for several years. Reprinted record, by 
Soc. of Automobile Engineers Standard Committee, 1911.) Ref- 
erence: Trans, of the Soc. of Automobile Eng., Vol. G, pp. 400-445. 

Installation of an electric lighting station in a small city. Johnson, 
p. 254. 

Electric Railway and jMiscellanooiis — 

Machinery and track construction of an electric railway. St. Charles 
St. Railroad Co. Johnson, p. 404. 

Track and overhead construction for an electric railway in a country 
town. American Society of Civil Engineers. Johnson, p. 4 2 9. 

Transformers. Standard Specification for Oil Immersed, Self-Cooled 
Transformers, "Electrical Machine Design," by Gray, pp. 494-496. 

Railway Signal Association standard specification for switch boards. 
Proc. Ry. Signal Ass'n, 1911, Vol. 8, p. 319. 

Electrical signal service. Various comm. reports and discussions on 
same. Recommended specifications, requisites and rules of the Rail- 
way Signal Ass'n. "Journal of the Railway Signal Ass'n," Vol. 9, 
1912. 

See also "Transmission Lines." 

Engines — see "Steam Engine." 

Excavation — 

General specification for construction of open drainage ditches. Office 
Exp. Station, U. S. Dep't Agric. Eng. Cont., July 5, 1911, p. 21. 

Preparation and Enforcement of Drainage Specifications, by J. L. 
Parsons. Eng. Cont., Dec. 27, 1911, p. 692. 

Specifications for tunnel excavation. A. R. E. & M. W. Ass'n, 1905. 
Vol. 6, p. 125. 

Notes on Specifications for Earthwork in Railway Construction. Pa- 
per before Am. Soc. Eng. Cont., by J. H. Bacon. Eng. Cont., Feb. 
23, 1910, p. 175. 

Grading. Railroad grading used by the Pennsylvania Railroad. John- 
son, p. 123. 

Grading. Falls Drive, Philadelphia. Haupt, p. 147. 

Excavations under water. Used by Col. O. M. Poe, U. S. Army. John- 
son, p. 126. 

Specifications for excavations. In use by U. S. Reclamation Service. 
"Principles of Irrigation Engineering," by Newell and Murphy, 
pp. 50-52. 

Standard Plans and Specifications for Grading in Seattle, Wash., by 
R. H. Thom.son. Eng. Cont., July 5, 1911, p. 7. 

Plowing as a test of classification. Eng. Rec, 1909-1-366, 488. 

Plow test for classification. J. A. Fulton. Eng. News, 1904-1-179. 

Classification of excavation and embankment. Eng. Rec, 1907-1- 
316, 323. 

Classification of excavated material. Eng. Rec, 1903-1-274, 347. 



506 Appendix D 

Excavation — Continued. 

Dispute over grading classification. Legal decision Minnesota su- 
preme court. Eng. Rec, 1911-11-760. 

Grading, masonry, bridges and rails as used on Cincinnati Southern 
Ry. Haupt, p. 164. 

See also "Measurement;" "Railways;" "Tunnel." 

Excavation, Dredging — 

Measurement, comparison of place and scow. Eng. News, 1904-11- 

197. 
Typical specifications for dredge work in alluvial land drainage of 

Mississippi valley, by Morgan Eng. Co. Eng. Cont., Oct. 4, 1911, 

p. 357. 
See also "Measurement." 

Kinbanknients and Revetments — 

Brush mattress work. E. P. Linderman. Eng. News, 1912-1-672. 
Soil binders for protecting embankment from erosion. Eng. News, 
1912-11-74. 

Rubble lake embankment, Rutland Canadian R'y. J. W. Burke. Eng. 
News, 1903-1-48. 

Building levees to confine flood waters. State of Louisiana for build- 
ing levees on the banks of the Mississippi river. Johnson, p. 35 6. 

Fences — 

Specifications or standard right-of-way fences. Committee report 
covering material and workmanship. A. R. E. & M. W. Ass'n, 1906- 
Vol. 7, p. 451; 1911, Vol. 12, p. 123. 

Floors- 
Specifications for composite floor with tar concrete base. Prac- 
tice of Lockwood, Green & Co., Architects. Eng. Cont., June 1, 
1910, p. 493. 
Specifications for waterproofing solid steel floor railroad bridges. 

S. T. Wagner. Proc. A. S. C. E., Vol. XL, p. 2943; Eng. Cont., 
Jan. 27, 1915, p. 79. 
See also "Bridge;" "Water Proofing;" "Concrete." 

Flying Machine — 

Signal Corps specifications for a heavier than air flying machine. 
Trans. A. S. M. E., Vol. 30, 1908, p. 686. 

Frogs and Switches — 

Specifications for frogs and switches. Progress committee report. 
A. R. E. & M. W. Ass'n, 1909, Vol. 10, p. 409. 

Specifications for spring and rigid frogs. Committee report. Ma- 
terial and workmanship. A. R. E. & M. W. Ass'n, 1910, Vol. 11, 
p. 936. 

Galvanizing — 

Galvanizing. Specifications for galvanizing for iron or steel. Ap- 
pendix C. to specifications for overhead crossings for electric light 



Bibliography of Specifications 507 

Galvanizing — Continued. 

and power lines, proceedings of technical societies Chicago, June, 
1913 (36th annual convention). Reference: Nat. Elec. Light 
Ass'n, pp. 581-583. 

Garbage Reduction — 

Specification for furnace at navy yard. League Island, Pa. Eng. 

News, 1902-1-5. 
Specification for garbage disposal. New York city. Eng. News, 1913- 

11-267. 

Gasoline — 

Specification for gasoline for internal combustion motors. Paper 
before Am. Soc. Test. Mat., by Dr. A. Sommer. Eng. Rec, 1910- 
11-166, and Proc. Am. Soc. Test. Mat., Vol. 10, 1910, p. 460. 

Grade Crossings — 

Buffalo, New York, specifications for crossings. Eng. News, 1895- 

1-195. 
Grade crossings in paved streets. Report Am. Ry. E. & M. W. Ass'n. 

Eng. News, 1909-1-308. 

Gravel — 

Specifications for ballast. Report Am. Ry. & M. W. Ass'n. Eng. 

News, 1903-1-285. 
Standards in United States, Canada and Mexico. Eng. News, 1900- 

11-142. 
Filter gravel and sand. Albany Water Filtration Plant. Johnson, 

p. 294. 
See also "Ballast." 

Gutter — 

See "Sidewalk, Curb and Gutter." 

Harbor and River Improvement — 

Harbor and river improvements. Cedar Keys, Fla. A. N. Damrell, 

Capt. U. S. Engrs. Haupt, p. 55. 
Stone breakwater. Block Island, Rhode Island. G. K. Warren, U. 

S. Engr. Haupt, p. 57. 
Breakwater of crib-work. Cleveland breakwater. C. E. Blunt, Lieut. 

Col. of Engineers. Haupt, p. 59. 
Iron landing pier, Lewes, Delaware. Haupt, p. 61. 
Removing snags, etc. Minnesota river. F. U. Farquhar, Maj. of 

Engineers. Haupt, p. 63. 

Removing rock. East river and Hell Gate, N. Y. John Newton, 
Lieut. Col. Engineers. Haupt, p. 58. 

Canal locks. Tennessee river. W. R. King, Capt. of Engineers. 
Haupt, p. 64. 

Light house. New Haven, Conn. Haupt, p. 77. 
Also see "Embankments and Revetments." 

Highway — 

See "Pavement and Road Construction." 



508 Bibliography of Specifications 

Ifjdrants — 

Mill hydrant specification. Nat'l Fire Prot. Ass'n. Eng. News, 1901- 
1-455. 

Proposed standard specifications for post hydrants. Committee re- 
port to N. E. W. W. Ass'n. Eng. Cont. May 8, 1912, p. 530. 

Standard specifications for water works hydrants and valves. 
Adopted by Am. W. W. Ass'n. Eng. News, Aug. 7, 1913, p. 265. 

Proposed standard specifications for post hydrants. (Final Report 
of Comm. Presented at Jan., 1912, meeting of association.) Ref- 
erence: Journal New England W. W. Ass'n, Vol. 26, No. 1, 1912, 
p. 77. 

Water works hydrant and valves; standard specifications for, edited 
by American Water Works Association, June, 1913. Eng. News, 
Vol. 70, p. 265. 

Illumination — 

Desirability of standard specifications for street lighting. Eng. Rec, 

1913-1-595. 
See also "Electric Lighting." 

Iron and Steel — 

Iron and steel, classification of. Classification and definitions of 
above materials as given by Wm. Kent in 1883 in expert testi- 
mony. Good classification and clear definition of technical mean- 
ing of commercial forms. Railroad and Engineering Journal, Vol. 
61, April, 1887, pp. 155-158. 

Abstract of Pennsylvania R. R. specifications for materials. (In 
practical use for several years. Reprint rec. by Soc. of Automo- 
bile Standards Committee, 1911.) Reference: Trans, of the Soc. 
of Automobile Engineers, Vol. 6, pp. 400-445. 

Axles 

Locomotive axles and forgings. Eng. News, 1903-11-20. 

Steel Axles — Manufacture and Specifications, by J. L. Replogle. 

Eng. News, 1904-1-4 71. 
Standard specifications for steel axles. Proc. Am. Soc. Test. Mat., 

Vol. 5, 1905, p. 56. 
Standard specifications for heat-treated carbon steel axles, shafts and 

similar parts. (Adopted 1911.) Proc. Am. Soc. Test. Mat., Vol. 

11, 1911, p. 63. 
Standard specifications for cold-rolled steel axles. Am. Soc. Test. 

Mat., Vol. 13, 1913, p. 156.' 

Bearing Balls and Rollers 

Specifications for ball bearings for large sluice gates and gate valves. 

Coffin Valve Co. Eng. News, 1902-1-39 0. 
Roller steel for railway bridges. Report of A. R. E. & M. W. Ass'n. 

Eng. News, 1902-I-2S2. 



Appendix D 509 

Boiler Plate and Rivet Steel 

Comparison of various railway standards, Eng. News, 189 7-1-4 4, 
Specifications for boiler plate, rivet steel, steel castings and steel 

forgings. Report of committee, with discussion. Trans, A, S, M. 

E., Vol. 23, 1902, p. 632; revise in Vol. 24, 1903, p. 921, and Vol. 

25, 1904, p. 321. 
Standard specifications for open hearth, boiler plate and rivet steel. 

Proc. Am. Soc. Test. Mat., Vol. 9, 1909, p, 62. 
Standard specifications rivet steel for ships. Am. Soc, Test, Mat,, 

Vol. 13, 1913, p, 148. 
Specifications for boiler plate steel (similar to Am. Soc, Test. Mat.), 

Am, Soc. M. E„ Vol, 36, 1914, p, 985. 
Standard specifications for boiler plate, rivet steel, steel castings 

and steel forgings, (Submitted by the committee at Amer. Soc, 

of Mechanical Engineers, 1903 or 1904.) See Trans, A. S, M. E,, 

Vol, 25, p, 322, 
Structural and boiler steel specifications of American steel manu- 
facturers. Recent revision of standards used. Iron Age, Aug. 2 2, 

1912, Vol. 90, pp. 409-411. 

Fire Box Steel — Failures and Specifications. Abstract of paper before Am. 
Soc. Test. Mat, by M, H, Wickhorst. Eng. News, Vol. 56, p. 76. 

Castings and Forgings 

Specifications for boiler plate rivet steel, steel castings and forgings. 

Report of committee. Trans. A. S. M. E., Vol. 23, 190 2, p. 63 2; 

Vol, 24, 1903, p. 921; Vol. 25, 1904, p. 821. 
Standard specifications for steel castings and forgings. Proc. Am. Soc. 

Test. Mat,, Vol, 5, 1905, pp, 53, 59, 
Standard specifications for malleable castings, Proc. Am, Soc. Test. 

Mat., Vol, 4, 1904, p, 95, 
Standard specifications for blooms, billets and slabs for carbon steel 

forgings, Proc. Am. Soc. Test. Mat., Vol, 13, 1913, p. 163. 
Review of various specifications for C. I, and steel casting. Com- 
mittee report tabulated summary. A. R. E. & M, W, Ass'n, 1905- 

6-3 2, 
Specifications for Steel Castings, by Henry Souther, Chm. Standards 

Comm. for Soc. of Automobile Engineers, 1910. Reference: Trans. 

of Soc. Automobile Engineers, Vol. 5, pp. 168-175. Note: For 

notes and instructions referring to above, see same Vol., pp. 17 6- 

202. 

See also "Castings." 

Cold Drawn Steel 

Tentative specifications for cold-drawn steel; Bessemer and open 
hearth automatic screw stock. Proc. Am. Soc. Test. Mat., Vol. 13, 

1913, p. 191; also Vol. 14, 1914, p. 174, 

Malleable Iron 

Specifications for Malleable Iron, by Henry Souther, Chm. Stand- 
ards gomm, for Society of AutpmoJ^il^ Engineers, 1910. Ref- 



510 Appendix D 

Iron and Steel — Continued. 

erence: Trans, of the Society of Automobile Engineers, Vol. 5, 
pp. 168-175. Note: For notes and instructions referring to 
above, see same Vol., pp. 176-202. 
See also "Wrought Iron." 

Pig Iron 

Specifications or code for ordering and sampling pig iron. Report 
Am. Soc. Test. Mat., Eng. News, 1909-11-56; Proc. Am. Soc. Test. 
Mat., Vol. 9, 1909, p. 111. 

Proposals for international export specifications for pig iron. Proc. 
Am. Soc. Test. Mat., Vol. 14, 1914, p. 154. 

Railroad Rails 

Manufacturers' standard specifications for steel rails. (Adopted 
Jan. 1, 1899.) Reference: Carnegie Steel Co.'s. Handbook, 1903, 
p. 229. Ass'n Am. Steel Mfgs. issued standard specifications in 
Jan., 1909. See Leafiets, Carnegie Steel Co. 

Standard Rail Specifications. Comparison of American Specifica- 
tions — Steel Rails, by Sellew, Prin. Asst. Engineer Michigan Cen- 
tral R. R., pp. 463-500 (D. Van Norstrand Co.). Also contains 
full bibliography of rail specifications. 

Comparative rail specifications. (Specifications of five different so- 
cieties or associations compared.) Railroad Age Gazette, 1909, 
Vol. 46, pp. 1066-10^71. 

Specifications for carbon steel rails. Proc. Am. Ry. Engineering 
Ass'n, 1912, Vol. 13, p. 565. 

New specifications for steel rails adopted by the A. R. E. & M. W. 

Ass'n, Iron Age, Vol. 89, p. 816. 

Specifications for Steel Rails, by Robert Job, Chemist of Philadel- 
phia and Reading Ry. Co. Gives discussion of composition as well 
as manufacture of material. Also copy of specifications of above 
railway company. American Engineer and Railroad Journal, Oct. 
1902, pp. 310-311. 

Sixty-pound iron rails. Cincinnati Southern Railroad Company, 
Haupt, p. 177. 

Specifications Heavy Rails Made West of Alleghenies, by R. W. Hunt. 
Eng. News, 1895-11-252. 

New York Central standard. Eng. News, 1893-11-300. 

Am. Soc. Testing Materials, discussion of changes in specifications. 
Eng. News, 1902-1-511. 

Specifications for Bessemer steel rails of the A. R. E. & M. W. Ass'n. 
Eng. News, 1904-1-275. 

Chemical Specification. R. W. Hunt. Eng. News, 1900-11-68. 

Specifications International Ass'n for Testing Materials. Eng. News, 
1901-11-11. 

Report A. R. E. & M. W. Ass'n. Process and chemical properties 
for rails. Eng. News, 1902-1-244. 



Bibliography of Specifications 511 

Iron and Steel — Continued. 

American Inst. Mining Engrs. proposed standard specifications. W. 

R. Webster. Eng. News, 1901-1-352. 
Rail sections — British standard and a comparison of American and 

British sections. Eng. News, 1905-11-84. 
Canadian Pacific Ry. specifications for 85-pound rail. F. P. Gutelius. 

Eng. News, 1909-1-272. 
Specifications reported by A. R. E. & M. W. Ass'n. Eng. News, 

1910-1-375, 384. 
American Railway Ass'n specifications for Bessemer and open-hearth 

steel rails. Eng. News, 1 90 8-1-5 'J 1. 
American Railway E. & M. W. Ass'n. Wearing quality and freedom 

from breakage. Eng. News, 1905-1-337. 
American Society C. E. recommendations for Bessemer steel rails. 

Eng. News, 1908-1-105. 

American Society for Test. Mat. proposed standard specifications. 

Eng. News, 190(5-1-726; 1907-II-8; 1907-11-18; 1908-11-22. 
Pennsylvania Railroad specifications. Eng. News, 1908-1-426; 1909- 

1-50. 
Specifications and rail breakage. H. M. Howe. Eng. News, 1912- 

1-660. 
Standard specifications for steel rails. Am. Soc. Test. Mat. Eng. 

Rec, 1907-1-774. 
Standard specifications for steel rails. Proc. Am. Soc. Test. Mat., 

Vol. 7, 1907, p. 44; Vol. 8, 1908, p. 44. 
Standard specifications for Bessemer steel rails. Proc. Am. Soc. 

Test. Mat. Vol. 9, 1909, p. 62. 
Standard specifications for open-hearth steel rails. Proc. Am. Soc. 

Test. Mat., Vol. 9, p. 66, and Year Book 1915. 
See also "Rails." 

Railway Rolling Stock 

Standard Specifications for locomotive cylinders. Proc. Am. Soc. 
Test. Mat., Vol. 4, 1904, p. 69. 

Standard specifications for steel tires. Proc. Am. Soc. Test. Mat., 
Vol. 9, 1909, p. 58. 

Standard specifications wrought and solid carbon steel wheels for elec- 
tric railway service. Proc. Am. Soc. Test. Mat., p. 100, Vol. 13, 1913. 

See also "Cars;" "Locomotive," etc. 

Reinforcing Bars 

Standard specifications for steel bars. Eng. News, 1910-1-704. 
Reinforcing bars, proposed standard. T. L. Condron. Eng. News, 

1911-11-73, 87, 150. 
Standard specifications for reinforcing bars of Ass'n of American 

Steel Mfgrs. Eng. Cont., June 1, 1910, p. 4 92. 
Abstract embodying portions applicable to concrete reinforcement 

from the standard specifications for structural steel. Adopted by 

A. R. E. & M. W. Ass'n. Trans. A. S. C. E., Vol. 66, 1910, p. 459. 



512 Bibliography of Specifications 

Iron and Steel — Continued. 

Specifications for metal reinforcement. Progress report special com- 
mittee on concrete. Trans. A. S. C. E., Vol. 77, 1914, p. 430. 

Standard specifications for metal reinforcement. (Adopted Mar. 16, 
1910, by American R. E. Ass'n.) References: Reinforced Con- 
crete Construction, by Hool, Vol. 2, p, 652, 1911. Year Book of 
A. R. E. Ass'n, pp. 188-190. 

Standard specifications for steel reinforcing bars. (Adopted by Amer- 
ican Soc. for Test. Mat., June 1, 1912.) References: Handbook 
for Architects and Builders, published under auspices Chicago 
Architects' Business Association, Vol. 16, 1913, p. 197. Proc. Am. 
Soc. for Test. Mat, Vol. 11, 1911, p. 66; Vol. 12, 1912, p. 161-169. Note: 
Revision Aug. 23, 1913; Proc. Vol. 13, 1913, p. 153; also 1913 Yearbook, 
pp. 80-83. 

Splice Bars and Stay Bolts 

Standard specifications for steel splice bars. Proc. Am. Soc. Test. 

Mat., Vol. 9, 1909, p. 56, and Vol. 13, 1913, p. 131. 
Proposed standard specifications for staybolt iron. Proc. Am. Soc. 

Test. Mat., Vol. 7, 1907, p. 157, and Vol. 10, 1910, p. 93. 

Manufacturers standard specifications for steel splice bars. (Adopted 
Jan. 1, 1899.) References: Carnegie Steel Co.'s Handbook, 1903, 
p. 231.) 

Spring Steel 
Specifications for spring steel. Proc. Am. Soc. Test. Mat., Vol. 7, 
1907, p. 198. 

Structural Steel 

Standard American specifications. Eng. News, 1900-1-322. 
Table of grades steel for bridges and buildings in some countries 

that have adopted standards. Eng. News, 1902-1-516. 
Table of tensile strength and elongation of steel used on notable 

bridges. Eng. News, 1902-1-516. 
Material workmanship for steel structures Am. R. E. & M. W. Ass'n. 

Eng. News, 1913-1-274, 283. 
Desirability of standard specifications for bridge and ship steel. Eng. 

News. 1907-1-622. 

Specifications for and tests of steel. Eng. News, 1912-1-658. 

American Bridge Co. Radical innovations in steel work specifica- 
tions. Eng. News, 1913-1-364. 

Standard, for bridges, ships, forgings and rails of Am. Soc. Test. 
Mat. Eng. News, 1901-11-11, 12, 50; 1902-1-355. 

Specifications for steel street bridging and station building, Penn- 
sylvania R. R. Terminal, New York. Trans. A. S. C. E., Vol. 09, 
p. 214, 1910. 

Standard specifications for structural steel for bridges. Proc. Am. Soc. 
Test. Mat., Vol. 9, 1909, p 3 7. 



Bibliography of Specifications 513 

Iron and Steel — Continued. 

Standard specifications for structural steel for buildings. Proc. Am. 
Soc. Test. Mat., Vol. 9, 1909, p. 47. 

Standard specifications for structural steel for ships. Proc. Am. Test. 
Mat., Vol. 9, 1909, p. 42, and Vol. 13, 1913, p. 143. 

Steel framework of buildings. Standard specifications. By Ostrup 
(McGraw-Hill Book Company), pp. 1-12. 

Specifications for material and workmanship for steel structures. 
(Adopted by American Railway & Maintenance of Way Ass'n.) 
Reference: "Walls, Bins and Grain Elevators," by Ketchum, p. 53 6. 

Specifications for steel structures, design, details of construction 
and workmanship. (Adopted by the American Bridge Company.) 
Reference: Pamphlet — Specifications and Tables for Steel Framed 
Structures, Am. Bridge Co. of New York, Chicago edition, 1913. 

New specifications for structural steel work. Issued by the Amer- 
ican Bridge Company. Eng. Rec, Vol. 67, p. 264. 

New specifications for steel work of buildings. Editorial, Eng. Rec, 
Vol. 67, p. 254. 

Specifications for Steels, by Henry Souther, Chm. Standards Comm. 
for Soc. of Automobile Engineers, 1910. For notes and instruc- 
tions referring to above, see Vol. 5, pp. 176-202. 

Abstract of Pennsylvania Railroad specifications for materials. (In 
practical use for several years. Reprint rec. by Soc. of Automo- 
bile Engineers' Standard Committee, 1911.) See S. A. E., Vol. 6, 
pp. 400-445. 

Three radical innovations in new steel specifications. Eng. News, 
Vol. 69, p. 364. 

Wrought iron — specifications and tests for. Eng. News, 1912-1-657. 

Standard specifications for wrought iron. Proc. Am. Soc. Test. 
Mat., 1901, Vol. 1, p. 231; Vol. 13, 1913, p. 185. 

Kerosene — 

Necessary reforms in specifications for kerosene illuminating oil. 
Paper before Am. Soc. Test. Mat., by Dr. A. Sommer. Eng. Rec, 
1910-11-166; Proc. Am. Soc. Test. Mat., Vol. 10, 1910, p. 463. 

Lathing — 

New York Bureau of Buildings. Rules for lathing and plastering. 

Eng. News, 1912-11-2 68. 
See also "Buildings." 

Lime — 

Proposed specifications for lime, both hydrated and quick lime. Am. 

Soc. Test. Mat., Vol. 13, 1913, p. 315; Vol. 14, 1914, p. 214. 
Hydrated lime, tests and specifications. R. K. Meade. Eng. News, 

1911-1-557. 
Lime for water purification. W. P. Monfort. Eng. News, 1912-11- 

889. 
Recommended clauses for purchase of lime for water purification. 

Paper before Central States W. Wks. Ass'n, by W. F. Monfort. 

Eng. Cont., Nov. 13, 1912, p. 547. 



514 Appendix D 

Lime — Continued. 

Proposed standard specifications for lime. Proc. Am. Soc. Test. 
Mat., Vol. 13, 1913, p. 315. 

Lightning Protection — 

Specifications for protection of buildings. Report Nat'l Fire Protec- 
tion Ass'n. Eng. News, 1906-1-577. 

Locks, Canal — 

See "Canal Locks;" "Concrete;" "Masonry." 

Locomotive — 

Locomotive: American Pattern, Haupt, p. 187. 

Locomotive: Mogul Pattern, for Dom Pedro Sogundo Railway of 
Brazil, Haupt, p. 186. 

Locomotive: Lehigh Valley R. R. Consolidation Pattern, Haupt, 
p. 184. 

Schenectady Locomotive Work's specifications for eight-wheel loco- 
motive engine furnished Purdue University about the year 1891 
or 1892. Locomotive Performance, by Gross, pp. 47-49, 

See "Iron and Steel — Railway Rolling Stock;" "Axles;" "Tires." 

Machine Tools — 

Specifications of Penn. R. R. & Am. Br. Co. Eng. News, 1904-1-449, 

455. 
Requirements in up-to-date shops, lathes and screw machines. John 

Ashford. Eng. News, 1901-1-179. 

Manholes — see "Sewer." 

Maps — 

Specifications for railway maps. Cal. State R. R. Comm. (Ed.) 

Eng. News, 1912-1-1237. 
Specifications for Railway Maps. Cal. State R. R. Comm., by R. A. 

Thompson. Eng. News, 1912-11-120. 

• 

Masonry — 

Abstract of Report to Am. Ry. & M. W. Ass'n. Eng. News, 1902-1- 
245. 

Masonry piers East River Bridge, N. Y. Eng. News, 1901-1-454. 

Specifications for Work and Materials, by A. D. Flinn. Eng. News, 
1912-1-776. 

Recommended standard specifications for stone masonry. (Adopted 
by the Amer. Ry. Engineering Ass'n, 1908.) References: "Walls, 
Bins & Grain Elevators," by Ketchum, 2d edition, p. 531. "A 
Treatise in Masonry Construction," by Baker, pp. 729-73 2. Proc. 
Amer. Ry. Eng. & M. W. Ass'n, Vol. 9, pp. 650-655, 659. Late Re- 
vision 1911 Year Book, pp. 183-188. 

Masonry of railroad bridge over street. Pennsylvania R. R., Pitts- 
burg, Pa. Joseph M. Wilson, Engineer Bridges. Haupt, p. 139. 

Bridge: Girard Ave., Philadelphia. Joseph M. Wilson, Engineer 
Bridges. Haupt, p. 144. 

First class bridge masonry. Johnson, p. 15 7. 



Bibliography of Specifications 515 

Masonry — Continued, 

Specifications used by the Pennsylvania Railroad Company. John- 
son, p. 148. 

Stone bridge masonry used by the Chicago, Milwaukee & St. Paul 
Railway. Johnson, p. 14 5. 

General specifications for Kensico Dam of Board of Water Supply of 
New York City. Eng. News, Vol. 67, 1912, pp. 776-779. 

Large stone dam. New Croton dam, New York City. Johnson, 
p. 151. 

See also "Concrete;" "Canal Locks," "Rock." 

Mrasurcnicnts — 

Proposed method for the measurement of concrete construction. Com- 
mittee Report Nat'l Ass'n of Cement Users. Eng. News, Vol. 67, 
p. 577. Eng. Rec. Vol. 65, p. 387. 

Measurement rules. Chicago rules for measuring excavation and 
concrete work. (Adopted 1910 by W. S. of E., Chicago Architects' 
Business Ass'n and Masons' and Contractors' Ass'n.) C. A. B. 1913, 
pp. 187-191. Eng. News, 1910-11-492; Comments, same Vol. p. 540. 

Earth measurement clause. A lawsuit involving same. What first 
appears to have no ambiguity, is shown to have different interpre- 
tations. Eng. News, Vol. 51, Mar. 10, 1904, p. 227. 

Measuring quantity excavated under water. United States Engineer 
Corps. Johnson, p. 128. 

Also see "Excavation." 

Oils, Bituminous and Creosote — 

Specifications for Coal Tar Creosote for Wood Block Pavements of 
Chicago, by John Ericson. Eng. Cont., Jan. 17, 1912, p. 7 2. 

Specifications and Analysis of Creosote Oil, by S. R. Church. Dis- 
cussion of, for timber preservative. Eng. Rec, 1912-1-80. 

Specifications for coal tar creosote. A. R. E. & M. W. Ass'n. Eng. 
Cont., Sept. 30, 1908, p. 204. 

Specifications for road oil, San Joaquin Co., Cal. W. B. Hogan. 
Eng. Cont., Aug. 5, 1914, p. 129. 

Specifications for residuum oil for road treatment of St. Louis, Mo. 
Eng. Cont., Mar. 23, 1910, p. 268. 

Specifications for analysis of coal tar creosote. Committee Report. 
A. R. E. & M. W. Ass'n, VoL 9, 1908, p. 708; Vol. 12, 1911. p, 74S. 

Standard specifications for coal tar creosote. Committee Report. 
A. R. E. & M. W. Ass'n, Vol. 11, 1910, p. 737. 

See also "Pavements." 

Oil, Fuel — 

Specifications for, in signal lamps. Eng. News, 1906-11-431. 

Fuel. Specifications for purchase. U. S. Bureau of Mines. Eng. 

News, 1911-11-205. 
Fuel Oil Specifications and Corrections from .b'uel Economy Tests at 

a Large Oil Burning Electric Power Plant, by C. R. Weymouth. 

A discussion of requirements and results. Trans. A. S. M. E., Vol. 

30, 1908, p. 775. 



516 Appendix D 

Oil, Fuel — Continued. 

Fuel Specifications and Contracts. Discusses desirability of specifications 

by Wm. D. Ennis. Eng. Rec. Vol. 57, p. 554. 
Specifications for Fuel for Heavy-oil Engines. Abstract of bulletin of 

U. S. Bureau of Mines by I. C. Allen. Can. Eng. Vol. 25, p. 289. 

Oil, Linseed — 

Standard specifications for purity of raw linseed oil from North 
American seed. Proc. Am. Soc. Test. Mat., Vol. 13, 1913, p. 399. 

Oil, Lubricating — 

Necessary reform in specifications for lubricating oils. Paper before 
Am. Soc. Test. Mat., by Dr. A. Sommer. Eng. Rec, 1910-11-167. 

Requirements for lubricating oil in combustion engines. Dr. A. Som- 
mer. Proc. Am. Soc. Test. Mat., Vol. 10, 1910, 466. 

Oils. Abstract of Pennsylvania railroad specifications for materials. 
(In practical use for several years. Reprint rec. by Soc. of Auto- 
mobile Engineers Standard Committee, 1911.) Reference: Trans, 
of the Soc. of Automobile Engineers, Vol. 6, pp. 400-445. 

Specifications for Auto Engine Lubricating Oil, by Henry Souther, 
Chm. Standards Comm. for Soc. of Automobile Eng., 1910. Ref- 
erence: Trans, of the Soc. of Automobile Engineers, Vol. 5, pp. 16 8- 
175. Note: For notes and instructions referring to above, see 
same Vol., pp. 176-202. 

Paint — 

Specification proposed by American Society for Testing Materials. 
Tests of. Eng. News, 1911-11-35, 64. 

Specifications for paint for steel terminal structures, Pennsylvania 
railroad. New York. Trans. A. S. C. E., Vol. 69, p. 213 (1910). 

Preservative coatings. Standard specifications adopted by American 
Society for Testing Materials. One specification in 1913 Year 
Book, pp. 287-289. Note: Above Year Book contains all standard 
specifications of the society, about sixty-three or sixty-four in 
number, latest revision. Also classified list giving dates of adop- 
tion and subsequent revision. 
Paints. Abstract of Pennsylvania railroad specifications for materials. 
(In practical use for several years. Reprint rec. by Soc. of Auto- 
mobile Engineers Standard Committee, 1911.) Reference: Trans, 
of the Soc. of Automobile Engineers, Vol. 6, pp. 400-445. 

Paper — 

New specifications of Government printing oflBce. Eng. News, 1912- 
1-490. 

Pavements and Road Construction, General — 

General specifications for Michigan state reward roads. Third bien- 
nial report of the State Highway Commission (Dec. 1, 1908, to 
June 30, 1910). Class A. Clay gravel roads, pp. 68-71; Class B. 
Gravel roads, pp. 71-74; Class C. Stone gravel roads, pp. 74-76; 
Class D. Gravel stone roads, pp. 77-79; Class E. Stone roadi. 
pp. 79-83. 



Bibliography of Specifications 517 

Pavements and Road Construction, General — Continued. 

Standard specifications adopted by the American Society for Testing 
Materials. Seven specifications in 1913 Year Book, pp. 290-299. 
Note: Above Year Book contains all standard specifications for 
the society, about sixty-three or sixty-four. 

Paving. Standard specifications for rattler and rattler test. (Rec- 
ommended by the Nat'l Paving Brick Mfgrs. Ass'n, 1911.) Will P. 
Blair, secretary, Cleveland, O. Municipal Eng., Vol. 40, pp. 93-95. 

Specifications for Street Railway Pavements, by Whinery (McGraw- 
Hill Book Company). General, pp. 13-22; foundations, pp. 24-31; 
sheet asphalt pavement, pp. 33-45; asphalt block pavement, pp. 46- 
48; granite block pavement, pp. 50-55; brick pavements, pp. 56-60. 
(Differs only in minor details from those of Ass'n for Standardizing 
Paving and Nat'l Paving Brick Mfg. Ass'n.) 

Maintenance. Simple clause, no absurd requirements, discussion of 
good and bad points of same. Eng. News, Sept. 3, 1903. 

Materials for road construction and standards for their test and use. 
Proc. A. S. C. E., Apr. 1915. 

Standard specifications of the Association for Standardizing Paving 
Specifications. (Reports of various committees adopted.) 

(1) Specifications for concrete sidewalks, second annual report of 

association, pp. 35-37. 

(2) Specifications for concrete curb and combined curb and gutter, 

second annual report association, pp. 37-40. 

(3) Specifications for concrete for pavement foundations, second 

annual report of association, pp. 40-4 2. 

(4) Specifications for concrete pavements, second annual report of 

association, pp. 42-45. 

(5) Specifications for macadam, second annual report of associa- 

tion, pp. 50-52. 

(6) Specifications for crecsoted wood blocks report of association, 

pp. 54-50. 

(7) Specifications for analysis of coal tar creosote (appendix to 

specifications No. 6), second annual report of association, 
pp. 57-59. 

(8) Brief specifications for brick and granite block, first annual 

report of association, pp. 63-66. 

(9) Specifications or sheet asphalt pavement, first annual report 

of association, pp. 73-78. 

(10) Specifications for bituminous concrete pavement, first annual 
report of association, pp. 78-8 2. 

Specifications for Street Railway Pavements, by Whinery (McGraw- 
Hill Book Co.). Wood block pavement, pp. 62-68; bituminous con- 
crete pavements, pp. 69-73; hydraulic concrete pavement, pp. 73-77; 
experimental or untried pavement, pp. 78-80; concrete curb and 
gutter, pp. 80-84; concrete sidewalks, pp. 84-88. 

Pavement specifications in use in different cities and states. Ref- 
erences: Chicago specifications in use during 1905. See Engi- 



518 Appendix D 

Pavements and Road Construction, General — Continued. 

neering Work in Towns and Cities, by McCullough, p. 68. Specifi- 
cations in use in otlier cities, see above work, pp. 67-91; also Civil 
Engineers' Pocket Book, by Frye, p. 1101. Highway Eng. and 
Hand Book, by Harger & Bormey, p. 310. 

See annual reports of the Association for Standardizing Paving Spe- 
cifications. John B. Hittell, Secy-Treas., 5 917 Winthrop Ave., Chi- 
cago. 1910 and 1911 (1st and 2d) annual reports in engineering 
library. 

Standard specifications for state aid roads in New Jersey. Extracts 
from revised specifications; also discussion of methods and ex- 
perience of commission. Municipal Engineering, Vol. 20, May, 
1901, pp. 294, 295. 

Street paving. General instructions to inspectors by Bureau of High- 
ways of the Borough of Manhattan, New York City. Eng. News, 
Vol. 69, p. 1114. 

State road construction in Wisconsin. Instructions for foremen and 
contractors. Eiig. News, Vol. 70, p. 291. 

Highway work for New York state; new specifications for. Eng. 
News, Vol. 70, p. 1203. 

Suggested standard specifications for macadam, brick, granite block, 
creosoted wood block and concrete pavements. Convention of Chi- 
cago city officials. Eng. Cont., Mar. 9-16, 1910, pp. 222-243. 

Specifications for asphalt, brick, macadam and wood block pave- 
ments. Recommended for Chicago by Samuel Whinery. Eng. News, 
1911-1-471. 

Chicago bureau of public efficiency specifications for pavements, cov- 
ering wood block and oil preservative, asphalt, brick and granite 
block. Eng. News, 1911-1-254. 

New York state highway work. Eng. News, 1913-11-1203. 

Recent specifications and standards of Maine Highway Commission. 
Abstract of general specifications (staff article). Eng. Cent., Sept. 
16, 1914, p. 277. 

Important features of new standard paving. Specifications of Pitts- 
burg department of public works. Eng. News, June 25, 1914, 
p. 1435. 

Roadway standards of department of public works, city of Pittsburg, 
Pa. Eng. Cont., Aug. 21, 1912, p. 205. 

Standard plans and specifications for paving, Seattle, Wash. Eng. 

Cont., Aug. 9, 1911, p. 150. 
Requisites for Successful Pavement, by S. Whinery. Eng. News, 

1908-11-281. 

Richmond, Indiana, Abstracts from Specifications, by H. L. Weber. 
Eng. News, 1905-1-215; 1905-1-59 8. 

Specifications for Roads of Different Types. Specifications of York Co., 
Ontario. E. A. James. Can. Eng. Vol. 24, p. 103. 



Bibliography of Specifications 519 

I'avcments, Bituminous — 

Asphaltic concrete, bituminous macadam, brick, etc., of Pennsyl- 
vania highway department. Eng. Cont., Aug, 19, 1914, p. 189. 

Asphalt and bituminous concrete pavements in Washington, D. C. Spe- 
cifications for all Materials and Work, by Capt. Mark Brooke. 
Eng. Cont., Jan. 10, 1914, p. 679. 
Asphalt block pavement at Washington, D. C. Eng. Cont., Dec. 21, 
1910, p. 554. 

Bituminous concrete specifications. Adopted by Chicago convention. 
Eng. News, 1910-1-309 

Specifications for bituminous surface concrete pavement in Los An- 
geles Co., Cal. Eng. Cont., Nov. 6, 1912, p. 513. 

Specifications of New York state highway department for bituminous 
macadam and bituminous materials. Eng. Cont., Dec. 8, 1909, p. 490. 

New Jersey standard specifications for asphaltic concrete. Eng. Rec, 
1912-11-34 0. 

Criticism of Massachusetts Specifications, Confusion as to Asphaltic, 
by H. Tipper. Eng. News, 190 9-11-3 75; same, by H. W. Clark. 
Eng. News, 1909-11-521. 

Asphalt paving. (Report of commissioner of accounts of the city ol 
New York, Feb. 3, 1904.) Specifications and their discussion, 
pp. 1-62; Practical use and value of specifications, pp. 67-70. 

Standard specifications for sheet asphalt pavements, city of New 
York. Reference: Highway Engineering, by Morrison, pp. 233- 
274. 

Asphaltic concrete and sheet asphalt pavements — specifications for, 
at Vancouver, B. C. Eng. News, Vol. 68, p. 770. 

Asphalt pavement — new Harlem bridge at One Hundred Fifty-fifth 
St., New York. Johnson, p. 171. 

Standard specifications for sheet asphalt. (Adopted by the Amer. 
Soc. of Municipal Improvements, Sept. 27, 1911.) References: 
Proc. of the Annual Convention of the Amer. Soc. of Municipal 
Improvements. (In pamphlet form by Municipal Journal, 50 Union 
Square, New York.) 

Asphaltum pavement. Johnson, p. 166. 

Vancouver, B. C, specifications for sheet asphalt and asphaltic con- 
crete. Eng. News, 1912-11-770. 

English Suggestion for Standard Specifications for Bituminous Bound 
Road Surface, by J. S. Brodie. Eng. Cont., Oct. 2, 1912, p. 376. 

Tar Concrete Pavements in Ontario, by W. A. McLean. Eng. Cont., Jan. 
2, 1912, p. 14. 

Specifications for oil-cement-concrete pavements. New York City. 
Eng. Cont., July 24, 1912, p. 97. 

Maintaining Concrete Roads with Bituminous Wearing Surfaces, by 
H. C. Poore. (Specifications for applying bituminous surface.) 
Eng. Cont., Jan. 7, 1914, p. 17. 

Binder Course in Bituminous Pavements, by F. N. Bingham. Eng. 
News. 1913-1-1079. 



520 Appendix D 

Pavements, Bituminous — Continued. 

Oil Graveled Streets; Specifications, Los Angeles, Cal., by N. Ellery. 
Eng. News, 1907-1-366. 

Specifications of the New York state highway department for bitumin- 
ous macadam, 1909. Engineering and Contracting, Vol. 32, 1909, 
pp. 490, 491. 

Specifications for tar macadam pavement. Specifications for macadam 
roadways as constructed in various cities of Ontario, Canada. Also 
some discussion of materials and costs. Municipal Engineering. 
Vol. 20, June, 1901, pp. 370-372. 

Suggested standard specifications for asphalt and bituminous pave- 
ments. By convention of Chicago city officials. Eng. Cont., Mar. 
23, 1910, p. 270. 

Ottawa, Ontario, Specifications for Tar Macadam, by N. J. Ker. Eng. 
News, 1906-11-213. 

San Monica, California, Oiled Dirt Roads; Asphaltic Oil and Fitz- 
gerald Tamper Roller, by E. H. Wilcox. Eng. News, 1907-1-366, 
and 1907-1-543. 

Bituminous macadam specifications may be obtained from: India- 
napolis, Ind.; Mankato, Minn.; Knoxville, Tenn.; Moline, 111.; War- 
ren Bros. Co., Boston, 5 9 Temple St.; The Indian Refining Co., 
New York, 115 Broadway, and other companies. 

Indianapolis specifications for bituminous macadam pavement. Mu- 
nicipal Engineering, Vol. 37, 1909, pp. 261, 262. 

Pavement, Brick and Block — 

Brick paving construction. Instructions issued by Nat. Paving Brick 
Mfgrs. Ass'n. W. J. Blair. Eng. News, 1906-11-231, 234. 

Brick and granite block specifications adopted by Chicago conven- 
tion. Eng. News, 1910-1-291. 

Specifications for Slag Foundations for Brick Pavement, Niles, Ohio, 
by Wm. V. Alford. Eng. News, May 7, 1914, p. 1014. 

Standard specifications for brick pavements. (Adopted at the 16th 
annual convention of the National Paving Brick Manufacturers' 
Association.) References: Engineering Work in Towns and Cit- 
ies, by McCullough, p. 64. Note: Copies of same can be secured 
through Will P. Blair, Secy., Cleveland, O. 

Paving brick tests by American Brick Manufacturers' Association. 
Johnson, p. 161. 

Standard specifications for brick pavements. (Adopted by Amer. Soc. 
Municipal Improvements, Sept. 27, 1911.) References: Proc. of 
the Annual Convention of the Amer. Soc. of Municipal Improve- 
ments. Issued in pamphlet form by the Municipal Journal, 50 
Union Square, N, Y. 

Brick paving, city of St. Louis. Johnson, p. 163. 

Granite pavement, city of Milwaukee. Johnson, p. 173. 

Method and specifications of constructing wood block pavement at 
Grand Forks, N. D. Paper before 111. Soc. of Eng. & Surv., by J. J. 
Smith. Eng. Cont., Oct. 27, 1909, p. 353. 



Bibliography of Specifications 521 

Pavement, Brick and Block — Continued. 

English Specifications for Construction of Wood Block Pavement, by 
Clifford Richardson. Eng. Cont., May 29. 1912, p. 608. 

Vancouver, B. C, wood block pavement. Eng. News, 1911-11-475. 

Wood block — specifications adopted by Chicago convention. Creo- 
soted block. Eng. News, 1910-1-290. 

Paving. A comparison of the specifications for creosoted wood pav- 
ing blocks of fourteen American cities. Published paper by C. 
Marshall Taylor, Chemist of the International Creosoting & Con- 
struction Co. of Galveston, Tex. Also see discussion and table, En- 
gineering-Contracting, 1910, Vol. 33, p. 552. 

New Specifications for Creosote-Wood Block Pavement by Bd. of Local Im- 
provement Chicago, 111. Can. Engr. Vol. 23, p. 250. 

Pavement, Concrete — 

Concrete Roads in Milwaukee Co., Wis., by A. J. Knelling. Eng. 

Cont., May 13, 1914, p. 551. 
Specifications for concrete pavements of R. S. Blome & Co., Chicago. 

Eng. Cont., Dec. 16, 1908, p. 415. 
Standard specifications for Portland cement roads and Portland ( 9- 

ment sidewalks. Nat. Ass'n of Cement Users. Eng. Cont., Jan. 20, 

1909, p. 53. 
Concrete specifications adopted by Chicago convention for sidewalks, 

curbs and pavements. Eng. News, 1910-1-308. 
Concrete pavements. Foundations; paving practice. G. C. Warren. 

Eng. News, 1909-11-611. 

ravement, Macadam and Earth Roads — 

Specification and notes, on macadam road construction. Paper be- 
fore W. S. E., by A. N. Johnson. Eng. Cont., Oct. 28, 1908, p. 276. 

Details and specifications of California highway commission — macadam. 
Eng. Cont., July 3, 1912, p. 15. 

Macadam specifications adopted by Chicago convention. Eng. News, 
1910-1-290. 

Specifications for Shell Roads, by Maj. W. W. Crosby of state road 
commission, Md. Eng. Cont., Jan. 3, 1912, p. 11. 

Earth roads, sand, clay, gravel, chert and bridges, culverts, etc. Ala- 
bama state highway commission. Eng. Cont., Nov. 25, 1911, p. 504. 

Specification for trunk line highway in Michigan (staff article). Eng. 
Cont., Feb. 24, 1915, p. 162. 

Specifications for Macadam Roads, by H, P. Gillette, A. I. Frj'e. Eng. 
News, 1901-11-351. 

Specifications for Macadam Roads, by E. McCullough. Eng. News, 
1903-1-189; 1904-11-241. 

Standard state aid specifications for stone roads — New Jersey. Ref- 
erence: Highway Engineering, by Morrison, pp. 126-14 2. 

Macadamizing. Fairmount Park, Phil. Haupt, p. 149. 

Piles — 

Specifications A. R. E. & M. W. Ass'n. Eng. News, 1904-1-264. 



522 Appendix D 

Piles — Continued. 

Specifications for creosoting at Pacific Creosoting Co. Eng. News, 

1910-11-432. 
Notes on a Rational Specification for Wooden Pile, by E. P. Goodrich. 

Eng. Cont., May 19, 1915, p. 456. 
Concrete pile specifications for Point Bridge at Pittsburg. Eng. Record, 

1913-11-581 and 646. 
See also "Bridges and Trestles, Timber." 

Pipe, Accessories — 

Pipe flanges. New standards of Am. Soc. Mech. Engrs. Eng. News, 

1912-11-121, 338. 
Burlap wrapping steel pipe. Eng. News, 1913-11-1083. 

Pipe, Laying and Cleaning — 

Pipe laying.. Seattle standard specifications adopted. H. L. Estep. 

Eng. News, 1910-1-557. 
Laying sewer pipe. St. Louis specifications for pipe sewers. Art. 

139, Johnson, p. 186. 
Laying water pipe. Water commissioner of St. Louis. Johnson, 

p. 198. 
Specifications for Cleaning Water Mains at Hartford, Conn., by C. 

M. Saville. Eng. News, 1913-11-10 98. 

Pipe, Cast Iron — 

Standard specifications for cast iron pipe and special castings. 
(Adopted May 12, 1908, by the Amer. Water Works Ass'n.) Ref- 
erences: Proc. Am. Water Wks. Ass'n, 1908, p. 7 71. Civil En- 
gineers' Pocket Book, by Frye, p. 123 9. In pamphlet form, ad- 
dress J. M. Diven, Secy. A. W. W. A. 

Standard specifications for cast iron pipe and special castings. 
(Adopted 1902, by the New England \vater Wks. Ass'n Comm. ap- 
pointed in 1912 to revise same.) References: Journal New Eng- 
land W. W. Ass'n, Vol. 16, pp. 335-35 8; also Vol. 17, p. 84; cata- 
logue "Cast Iron Pipe," pub. by U. S. Cast Iron Pipe & Foundry 
Co., Western Office, G38 The Rookery, Chicago. Note: Copies of 
New England W. W. Ass'n specifications available in pamphlet 
form. Address 715 Tremont Temple, Boston, Mass. 

Water pipe. Reports of N. Eng. W. Wks. Ass'n for cast iron pipe. 

Eng. News, 1901-11-216, 224, 435, 469; 1902-11-193, 211, 212. 
Standard specifications for cast iron pipe and special castings. Proc. 

Am. Soc. Test. Mat., Vol. 4, 1904, p. 57. 
Standard specifications for cast iron pipe and special castings. Proc. 

Am. W. Wks. Ass'n, 1908, p. 770. 
Standard Plans and Specifications for Water Mains. Seattle, Wash., 

by R. H. Thomson. Eng. Cont., Aug. 2, 1911, p. 127. 
Proposals for international export specifications for cast iron pipe 

and fittings. Am. Soc. Test. Mat., Vol. 14, 1914, p. 157. 
Cast iron. St. Louis water department. Johnson, p. 219. 



Bibliography of Specifications 523 

Pipe. Cast Iron — Continued. 

Cast iron water pipe. Water Works System of Cincinnati. Johnson, 

p. 221. 
Manufacture and delivery of cast-iron water pipe. City of Rochester, 

N. Y. Johnson, p. 190. 

Pipe, Concrete — 

Specifications for Concrete Sewer Pipe at Bellingham, Wash., by H. 
A. Whitney. Eng. Cont., Feb. 8, 1911, p. 157. 

Concrete Sewer Pipe Tests in Kansas City, by E. S. Wallace. Eng. 
News, Vol. 69, p. 568, 1913. 

Specifications for reinforcement of concrete culvert pipe, Illinois Cen- 
tral Railroad. Proc. of the 2 2nd Annual Convention of the Amer. 
Ry. Bridge & Building Ass'n, pp. 103-107. 

Proposed standard specifications for concrete drain pipe and tile. 
(Submitted by Comm. of the Nat. Ass'n of Cement Users ill 1911.) 
Reference: Proc. of the Nat. Ass'n of Cement Users, Vol. 7, pp. 761- 
765. 

Proposed standard specifications for plain concrete drain tile. Com- 
mittee reported to Nat. Ass'n Cement Users. Eng. Cont., Feb. 23, 
1910, p. 167. 

See also "Concrete." 

Pipe, Steel — 

Lead Lined Steel Tubing, United States Navy, by R. D. Gatewood. 
Description and notes. Eng. News, 1912-1-896. 

Portland, Oregon, Riveted Steel Pipe, by J. C. Stevens. Eng. News, 
1911-11-112. 

Riveted steel water pipe. Water supply of Cambridge, Mass. John- 
son, p. 225. 

Pipe, Vitrified — 

Sewer pipe — Iowa State Drainage Ass'n. Adopted Feb., 1913. Eng. 

Rec, 1913-1-235. 
Specifications for Sewer Pipe, Vitrified Pipe and Pipe Laying in St. 

Louis, by W. W. Horner. Eng. Cont., Sept. 13, 1911, p. 28 6. 
Specifications for drain tile and sewer pipe. Report of Committee of 

Iowa State Drainage Ass'n. Adopted Feb., 1913. Eng. Rec, 1913- 

1-235. 
Proposed standard specifications and recommended practice for drain 

tile and tile drain construction. Report committee to Am. Soc. 

Test. Mat. Eng. Cont., Aug. 19, 1914, p. 181. 
Drain tile. Standard specifications Iowa State Drainage Ass'n. Exp. 

Sta. Iowa State College, Ames, la. Eng. News, 1913-1-4 84. 
Tentative standard specifications for drain tile, sewer pipe and for 

pipe laying. 1913, Printed for Distribution by Engineering Exp. 

Sta., Iowa State College. Write Director, A. Marston, Ames, la. 

Eng. Rec, Vol. 67, pp. 235, 236. 
Drain tile and sewer pipe. Specifications for — committee report of 

Iowa State Drain. Ass'n. Eng. Rec, Vol. 6 7, p. 235. 
Sewer pipe. Johnson, p. 183. 



524 Appendix D 

l*ipe, Wood Stave — 

Specifications for wood stave pipe, Atlantic City, N. J. Eng. Cont., 

Oct. 30, 1912, p. 488. 
Design and specifications of Sacramento water supply wood pipe line, 

El. Paso & S. W. Ry. Co. Eng. Cont., July 17, 1912, p. 70. 
Wood stave pipe. United States Reclamation Service, by E. A. Moritz. 

Eng. News, 1912-1-571, 799. 
Specifications for Wood Stave Pipe, by A. Swickard. Eng. Cont., 

Jan. 6, 1915, p. 14. 
Specification for a standard wood pipe line designed for a pressure 

of 80 pounds — Proc. of the 32nd annual convention of the Amer. 

Ry. Bridge & Building Ass'n, pp. 12G-129. 
W^ooden stave pipe used in California Johnson, p. 23 2. 

Plans — 

Rules for sewerage and water supply plans, submitted to N. J. State 

Bd. Health. Eng. News, 1913-11-54 8. 
See also "Maps." 

Plastering^ 

Standard specifications for Exterior Plastering (Stucco). Pamphlet Aug., 
1913, of Associated Metal Lath Manufacturers, Youngstown, Ohio. 

Plumbing — see "Building." 

Pumping Machinery — 

Selection and Specifications for Water Wks. Pumping Machinery, by 

N. J. Hill. Eng. Rec, 1905-n-39. 
Specifications for Vertical Triple Expansion Pumping Engine, Mil- 
waukee, Wis., by C. T. Myers. Proc. Am. W. Wks. Ass'n, 1909, 

p. 77. 
Specifications for Irrigation Pumping Plant, Payette, Idaho, by G. T. 

Ingersoll. Eng. Cont., Oct. 2, 1912, p. 385. 
Specifications for sewage pumping plant near Duluth, Minn. Eng. 

Cont., April 7, 1915, p. 309. 
Pumps to be operated by water power. Austin, Texas. Johnson, 

p. 247. 
Large pumping engines. City of St. Louis. Johnson, p. 2G6. 
Water works. Wilmington, Delaware. M. C. Conwell, Consulting 

Engineer. Haupt, p. 104. 

Hails — see "Iron and Steel — Rails." 

Railways — 

Specifications for railroad work that are specific and fair. Eng. 

News, 1905-1-258. 
Roadway specifications for clearing, grubbing, grading, etc. A. R, E. 

& M. W. Ass'n, 1903, Vol. 4, p. 19. 
Tunnel excavation. A. R. E. & M. W. Ass'n, 1905, Vol. 6, p. 125. 
General specifications for modern steam shovel roadway construction. 

Committee report. A. R. E. & M. W. Ass'n, 1907, Vol. 8, p. 298. 



Bibliography of Specifications 525 

Railways — Continued. 

Proposed amendments of recommended standard definitions. (Pro- 
posed by Comm. of Amer. Ry. Eng. & Maintenance of Way Ass'n, 
1910.) Reference: Proc. of Ass'n, Vol. 11, Part 1, p. 178. 

Superstructure and track laying. Haupt, p. 155. 

Grading and masonry of a single track railroad — Philadelphia & 
Reading railroad. Haupt, p. 150. 

Railway road-bed. Amer. Soc. of Civil Engineers. Johnson, p. 34 5. 

Specifications for formation of road-bed. Eng. News, 1903-1-259, 
280; 1901-1-214. 

Specifications for grading. Rept. Am. Ry. Eng. & M. W. Ass'n. Eng. 
News, 1901-1-199. 

Specifications for standards of track construction in United States, 
Canada and Mexico. Eng. News, 1900-11-142, 148, 215, 430. 

Specifications for track tanks for supplying water to tenders. Spe- 
cifications of Am. Ry. Eng. Ass'n. Eng. News, 1911-1-410. 

See also "Ballast;" "Cars;" "Excavation;" "Frogs;" "Locomotive;" 
"Steel Rails;" "Timber Ties;" "Tires." 

riefractory Material — 

Standard Specification for Refractory Material. Covers silica brick, block 
and tile adopted by Inst. Gas. Engrs. of Gt. Britain. Can Engr. Vol. 
23, p. 331. 

Reservoirs — 

Specifications for asphalt lining for reservoirs. Eng. News, 1896-1 

164. 
Specifications for Reinforced Concrete Settling Basins, by Alex. Potter. 

Proc. Am. W. Wks. Ass'n, 1912, p. 113. 
Concrete reservoir lining at Aurora, 111. Eng. News, 1902-1-423. 

lletaining Walls — 

Specifications for retaining walls. Trans. A. S. C. E., Vol. 4 8, p. 486 
(1902). 

River Improvement — see "Harbor and River Improvements." 

Roads — see "Pavement and Road Construction." 
Rock — 

Definition from specifications of Chicago board of local improve- 
ments. Eng. News, 1911-1-683. 

Specifications for tests of road building rock. Am. Soc. for Test. Mat. 
Eng. Cont., Aug. 5, 1908, p. 87. 

Extracts from specifications for concrete stone for Catskill aqueduct 
buildings. Paper before Am. Cone. Inst., by H. L. Rogers, Eng. 
Cont., April 14, 1915, p. 340. 

Specifications for stone, C, M. & St. P. Ry. Johnson, p. 143. 

Roof — 

Galvanized iron for tropical climate. R. M. Beaufield, Eng. Cont., 

Nov. 20, 1912, p. 586. 
See also "Building." 



526 Appendix D 

Sand — 

Moulding sand. J. I. Case Co. Eng. News, 1902-11-185. 
Specifications for sand for concrete aggregate, based on tests made at 

Univ. of Illinois. C. C. Wiley. Eng. Rec, Apr. 11, 1914, p. 419. 
Sand. Concerning specifications for Editorial comments. Believes 

there is no justification for the ordinary brief requirement "Clean 

Sharp Sand." Eng. News, Vol. 53, Feb. 2, 1905, pp. 125, 126. 
Sand — Filter. Albany water filtration plant. Johnson, p. 294. 
Selection of Sand for Concrete Grades and Methods of Testing Sand. Staff 

article, Const. News, Nov. 29, 1913. 

Sanitation — 

Specifications for sanitary precautions. Camp sanitation, Catskill 
aqueduct construction camp. A. W. Tidd. Eng. News, 1913-11- 
752. 

Sewage Screens — 

Specifications for sewage screen. Daytona, Fla. Eng. Cont., Dec. 2, 
1914, p. 525. 

Sewers, General — 

Commendable specifications. Eng, News, 1905-11-148. 
Indefinite specifications. Alex. Potter. Eng. News, 1905-1-603. 
Sewer specifications proposed for criticism. Eng. Rec, 1910-1-227, 

287. 
A Discussion of Sewer Specifications, by Gen'l Contractors' Ass'n. 

Eng. Rec, 1910-1-25. 
Specifications for limits of excavation for sewers at Pittsburg, Pa. 

Eng. Cont., Aug. 14, 1912, p. 188. 
Unusual clauses in sewer specifications. Eng. News, 1904-11-2 68, 

544. 
Specifications for the Construction of Sewers at Clinton, la., by Chas. 

C. Brown, Engineering World, Vol. 4, 1906,~pp. 490-492. 
Outline for standard sewer specifications. (Report to the Amer. Soc 

of Municipal Improvements, 1912.) Municipal Engineering, Vol. 

42, 1912, pp. 90-92. 
Sewer specifications. Written by six well recognized engineers. Pam- 
phlet, published by the Clay Products Publicity Bureau, Kansas 

City, Mo. 
Main sewer. City of Philadelphia, Pa, Samuel L. Smedley, Chief 

Engineer. Haupt, p. 90. 

Sewers, Brick — 

Brick sewer specifications. New York. Eng. News, 1902-1-200. 
Brick and tile sewers. Used in the city of St. Louis. Johnson, p. 178. 
Specifications for Vitrified Pipe and Brick St. Louis, by W. W. Horner. 
Eng. Cont., Sept. 13, 1911, p. 286. 

Sewers, Concrete — 

Concrete and steel storm water sewer and remarks on specifications. 
Eng. Cont., Nov. 3, 1909, p. 376. 



Bibliography of Specifications 527 

Sewers, Concrete — Continued. 

Plans and specifications for sewer catch basins, concrete and brick 

sewers and appurtenances, Pittsburg, Pa. Eng. Cont., July 17, 1912, 

p. 72. 
Plans and Specifications for Concrete Sewer Manholes at Hamilton, 

111., by L. P. Wolff. Eng. Cont., May 15, 1912, p. 559. 
Brooklyn specifications for reinforced concrete, triple outlet sewer, 

wharf construction. Eng. News, 1903-1-8. 

Sewers, Vitrified — 

Vitrified tile house drains. Chicago plumbing ordinance. Eng. News, 

1905-11-458; 1906-1-387. 
Standard Plans and Specifications for Sewers, Seattle, Wash., by R. 

H. Thomson. Eng. Cont., July 26, 1911, p. 99. 
Specifications for drain tile and sewer pipe and laying. Iowa State 

Drainage Ass'n. Eng. Rec, 1913-1-235. 
See also "Pipe, Vitrified." 

Sidewalks, Curb and Gutter — 

Standard specifications Nat. Ass'n of Cement Users. Eng. News, 1909- 
1-344; Eng. Cont., Jan. 20, 1909, p. 52. 

Proposed standard specifications for Portland cement curb and gut- 
ter. Report to Nat'l Ass'n Cement Users. Eng. Cont., Feb. 23, 1910, 
p. 177. 

Standard Plans and Specifications for Sidewalks, Seattle, Wash., by 
R. H. Thomson. Eng. Cont., July 12, 1911, p. 36. 

Standard specifications for Portland cement sidewalks. (Adopted 
Jan., 1908, by Nat. Ass'n of Cement Users, Phila., Pa.) Refer- 
ences: Civil Engineering Pocket Book, by Frye, p. 1117; Engineer- 
ing Work in Towns and Cities, by McCullough, p. 3 5. 

For specifications for cement sidewalk, curb and gutter, see Hand 
Book for Cement Users ($3.00). Municipal Eng., 28 S. Meridian 
St., Indianapolis, Ind. 

Specifications for concrete, granite and blue stone curbs, City of 
Dover, Del. Municipal Engineering, Vol. 37, 1909, pp. 186, 187. 

Granitoid sidewalks, St. Louis. Johnson, p. 174. 

Specifications for Portland cement sidewalks. Prescribed for Dept. A 
Public W^orks, Pittsburg, Pa. Municipal Engineering, Vol. 19, July, 
1900, pp. 16-18. 

Sieve — 

Cement Sieve Specifications, by R. Y. Ferner. Work of Bureau of 
Standards. Eng. Rec, 1912-11-728. 

Signals — 

Standard specifications for mechanical interlocking and materials for 
construction work. Covers all details of mechanical signals. 
(Adopted by Ry. Signal Ass'n.) A. R. E. & M. W. Ass'n, 1905-6- 
519; 1906-7-491; 1907-8-73. 

See also "Wire." 

Soai>— see "Chemicals." 



528 



Appendix D 



Spelter — see "Zinc." 

Standpipe — see "Tanks and Standpipes." 

Steam Engines — 

Westinghouse Elect. & Mfg. Co. Requirements for Parallel Operation 
of Alternators, by E. M. Tingley. Eng. News, 190 2-1-498. 

Specifications for installation, Engine Bldrs. Ass'n. Eng. News, 1901- 
1-457. 

Specifications for steam engines. Editorial comment. Essential re- 
quirements, not in great detail. Engineers sometimes unfair, etc. 
Eng. Rec, Vol. 39, April 1, 1899, pp. 393, 394. 

Engines, New Orleans, La. Johnson, p. 404. 

See also "Steam Plant." 

Steam Plant — 

Specifications for power plants. (Arranged in fourteen sections.) 
Engineering Magazine Co. Reference: Engineering Catalogues 
and Specifications (Power Plant Edition), 1913, Specification 
Digest. 

(1) General Clauses, p. 19. 

(2) Boilers & Stacks, p. 21. 

(3) Gas Producers, p. 27. 

(4) Steam Fitting, p. 29. 

(5) Turbines, p. 40. 

(6) Steam Engine, p. 4 5. 

(7) Internal Combustion Engines, p. 4 9. 

(8) Dynamos, p. 52. 

(9) Electric wiring, p. 54. 

(10) Switchboards, p. 60. 

(11) Storage Battery, p. 61. 

(12) Refrigeration, p. 63. 

(13) Fuel, p. 66. 

(14) Lubricants & Lubrication, p. 67. 

Specifications for the new waterside power house of the New Yoik 
Edison Company. Book published by the New York Edison Co.. 
1907. Includes specifications for the following: 

(a) Bulkhead and condensing Water Tunnels, pp. 5-11. 

(b) Foundations, pp. 11-21. 

(c) Structural Steel & Iron Work, pp. 22-45. 

(d) Superstructure, pp. 46-153. 

(e) Coal and Ash Handling Machinery, pp. 154-168. 

(f) Cranes, pp. 169-184. 

(g) Boilers and Superheaters, pp. 185-195. 
(h) Boiler Fronts, pp. 196-199. 

(i) Grates, pp. 200-203. 
(j) Economizers, pp. 217-220. 
(k) Forced Draft Apparatus, pp. 204-219. 
(1) Feed Pumps, pp. 221-236. 
(m) Turbo Generators, pp. 237-254. 



Bibliography of Specifications 529 

steam Plant — Continued. 

(n) Condensers, pp. 254-300. 
(o) Piping, pp. 301-347. 
(p) Storage Battery Plant, pp. 348-354. 
(q) Electrical Apparatus, pp. 355-402. 
Steam plant of a small electric light station, engine and attachments. 
Johnson, p. 240. 

Steam Plant Auxiliaries — 

Economizers, New Orleans, La. Johnson, p. 413. 
Condensers and pumps, New Orleans, La. Johnson, p. 411. 
See also "Steam Plant." 

Steel — see "Iron and Steel." 

Stone — see "Rock." 

Surveys — 

Specifications for surveys at Swathmore, Pa. Eng. News, 1894-II-lS. 

Switchboard — see "Electric Railway." 

Tanks and Standpipes — 

Suggested specifications for reinforced concrete water tanks for rail- 
way water supply. Eng. Cont., Apr. 12, 1911, p. 416. 

The Need of More Care in the Design and Construction of Elevated 
Tanks, by W. O. Teague. Abstract of specifications for wood and 
steel elevated tanks. Trans. A. S. M. E., Vol. 35, 1913, p. 920. 

Specifications for water tanks. (Submitted and recommended as 
good practice by a committee of the A. R. E. & M. W. Ass'n, 1910.) 
Reference: Proc. of Ass'n, Vol. 11, part 2, pp. 1144-1154. 

Material and Workmanship of a Steel Standpipe, by Wm. D. Pence. 
Johnson, p. 235. 

Specifications for Standpipes, by Wm. L. Pence. Outline of tenden- 
cies of standpipe specifications. Review of qualities of materials 
and workmanship. Eng. News, Vol. 33, Feb. 28, 1895, pp. 130-134. 

Specifications for a reinforced concrete tank at Dandenong, Victorian 
railways, New South Wales, Australia. Proceedings of the 2 2nd 
annual convention of the Amer. Ry. Bridge & Building Ass'n, 
pp. 78-82. 

Discussions of Standpipe Specifications, by W. C. Parmley. Eng. 
News, 1894-1-392, 431. 

Discussions of Standpipe Specifications, by W. D. Pence. Eng. News, 
1895-1-130-136, 289-354. 

Specifications for standpipe at Peoria 111. Eng. News, 1894-1-286. 

Specifications for standpipe at Schenectady, N. Y. Eng. News, 1895- 
1-354. 

General design and specifications for elevated structural steel tower 
and tank for Hamilton, 111., L. P. Wolff. Eng. Cont., June 19, 1912, 
p. 702. 

Telephone Line — see "Transmission Line;" "Wire." 



530 Appendix D 

Tile, Building — 

Specifications Proposed for Hollow Clay Tile Building Blocks, by V. G. 

Marani. Eng. News, 1912-1-248, 1912-11-629. 
Hollow clay tile building blocks end constructions. Eng. News, 1912- 

n-1016. 
See also "Buildings." 

Tile, Drain— see "Pipe — Vitrified;" "Sewers." 

Timber, Poles — see "Transmission Line." 

Timber, Structural — 

Bridge timber — Report A. R. E. & M. W. Ass'n. Eng. News, 1905-1- 

323. 
Nomenclature and specifications for structural timber. Am. Soc. 

Test. Mat. Eng. Rec, 1907-1-771. 

Standard specifications for structural timber. Proc. Am. Soc. Test. 
Mat., Vol. 7, 1907, pp. 181-187. 

Standard specifications for yellow pine bridge and trestle timber. 

Proc. Am. Soc. Test. Mat., Vol. 10, 1910, p. 159. 
Specifications and grading rules for Douglas Fir timber. An analysis 

of Forest Service tests on structural timber. Proc. Am. Soc. Test. 

Mat., Vol. 11, 1911, pp. 182, 183, 878. 
Douglas fir. Grading and specifications. Eng. News, 1911-11-373, 

380. 
Standard Plans and Specifications for Timber Trestles, Seattle, Wash., 

by R. H. Thomson. Eng. Cont., Aug. 30, 1911, p. 243. 
Specifications for Factory Timbers, by F. J. Hoxie. Trans. A. S. M. E., 

Vol. 35, 1913, p. 526. 
Specifications for structural timber. Committe report. A. R. E. & 

M. W. Ass'n, 1905-6-32. 
Specifications for bridge and trestle timber and piling. Committee 

report. A. R. E. & M. W. Ass'n, 1906-7-685. 
Standard specifications for bridge and trestle timbers for solid mem- 
bers. Committee report. A. R. E. & M. W. Ass'n, 1908-9-317. 
Standard specifications for southern yellow pine bridge and trestle 

timbers. (Final form recommended by committee of A. R. E. & M. 

W. Ass'n, for approval, 1910.) Now adopted. Reference: Proc. 

of Ass'n, Vol. 11, Part 1, pp. 180, 181; 1911 Year Book, pp. 141- 

143. 
Standard Specifications for Structural Timber, by Ostrup, McGraw-Hill 

Book Company, pp. 58-64. 
Standard classification of structural timber. (Adopted in Chicago on 

Sept. 1, 19 07.) Reference: Handbook for Architects and Builders, 

Vol. 16, 1913, p. 237. 
(Jrading Rules for Yellow Pine Lumber (copyrighted 1911 by Yellow 

Pine Manufacturers' Ass'n.). Reference: A Manual cf Standard 

Wood Construction, No. 8861, pub. by above association, Geo. K. 

Smith, Secy., Wright Building, St. Louis, Mo. 



Bibliography of Specifications 531 

Timber, Structural — Continued. 

Definitions relating to structural timber. (Recommended for adop- 
tion by committee of A. R. E. & M. W. Ass'n, 1913.) Reference: 
Proc. of Ass'n, Vol. 11, part 1, p. 184. Corresponds to specifications 
of Am. Soc, for Test. Mat. 

Standard specifications adopted by the American Society for Testing 
Materials, two specifications. 1913 Year Book, pp. 300-30 6. Note: 
Above Year Book contains all standard specifications of the society, 
about sixty-three or sixty-four in number. 

Classifying Lumber, Southern Lumber Manufacturers' Association. 
Johnson, p. 204. 

Grading Finishing Lumber, Southern Lumber Manufacturer's Asso- 
ciation. Johnson, p. 207. 

Standard Dimensions, Southern Lumber Manufacturers' Assocation. 
Johnson, p. 211. 

Grading Common Boards and Rough Lumber, Southern Lumber Man- 
ufacturers' Association. Johnson, p. 209. 

Rules governing the inspection and measurement of lumber in the 
St. Louis market. Johnson, p. 212. 

Thoroughly seasoned lumber. Johnson, p. 218. 

Pile and trestle bridging. Union Pacific Ry. Co. Johnson, p. 238. 

Criticism of some specifications. Editorial Comment. Lack of defin- 
iteness. Too little regard for commercial classifications. Eng. 
News, Vol. 53, Feb. 23 1905, pp. 203-205. 

Specifications for lumber. (Adopted in 1910 as recommended prac- 
tice by Amer. Ry. Master Mechanics' Ass'n, Master Car Builders' 
Ass'n, Railway Storekeepers' Ass'n, and various lumber manufac- 
turers' associations.) Proc. M. C. B. Ass'n, Vol. 4 5, pp. 74 0-78 8. 

Timber, Ties — 

Report Am. Ry. Eng. & M. W. Ass'n specifications for ties. Eng. 

News, 1904-1-285. 
Standard ties in United States, Canada and Mexico. Eng. News, 1900- 

11-142, 149, 215, 430. 
Oak ties, specifications for. Eng. News, 1907-1-4 63. 
Specifications for ties. Committee report. A. R. E. & M. W. Ass'n, 

1905, Vol. 6, p. 764. 
Specifications for ties, tie treatment, etc. Committee report. A. R. 

E. & M. W. Ass'n, 1906, Vol. 7, p. 34. 

Timber Tie Markers — 

Specifications for dating nail for marking ties. Report of committee. 
A. R. E. & M. W Ass'n, 1905, Vol. 6, p. 767; 1910, Vol. 11, p. 863. 
See also "Timber, Treatment of." 

Timber, Treatment of — 

Treating Ties with Zinc Chloride and Tar Oil, by O, Chanute. Eng. 

News, 1900-11-80. 
Atchison, Topeka & Santa Fe Ry. Specifications for treating Pacific 
coast piling and timber. Eng. News, 1908-1-3 6 6. 



532 Appendix D 

Timber, Treatment of — Continued. 

Wood — Preservative Treatment, by Samuel Whinery. Eng. News, 
1911-1-501. 

Specifications for tie treatment. Committee report. Zinc chloride, 
zinc tannin, creosoting, zinc creosote. A. R. E. & M. W. Ass'n, 190G, 
Vol. 7, p. 34; 1907, Vol. 8, p. 47G; revised 1910, Vol. 11, p. 737. 

Preservation of Railroad Cross-Ties, by O, Chanute, Pres. Amer. See. 
of Civil Engineers. Johnson, p. 485. 

Testing chloride of zinc and tar oil. Used for preserving timber. 
Johnson, p. 491. 

Impregnating pine railroad cross-ties with a chloride of zinc solution 
with an addition of coal tar containing carbolic acid. Imperial rail- 
ways at Strassburg. Johnson, p. 4 87. 

Impregnating beech and oak railroad cross-ties, with hot coal tar oil 
containing carbolic acid. Johnson, p. 4 87. 

See also "Oil, Bitumious." 

Tires — 

Standard specifications for steel tires for locomotives, etc. Proc. Am. 

Test. Mat., Vol. 9, 1909, p. 58. 
See "Iron and Steel;" "Railway Rolling Stock." 

Transmission Lines — 

A Specification for Line Construction on Poles Jointly Used by Elec- 
tric Light and Telephone Companes, by Paul Spencer. N. E. L. A., 
31st Conv., Vol. I, 1908, p. 537. 

Requirements and Specifications for Extra High Potential Transmis- 
sion Lines, by A. S. Ives. Covers poles and appurtenances, insula- 
tion, wire, copper and aluminum and construction features. N. E. 
L. A., 32nd Conv., Vol. II, 1909, p. 389. 

General Specifications for Underground Electric Conduit, by R. E. 
Froisetti. Eng. Cont., Jan. 10, 1912, p. 46. 

Specifications for wire cables for electric power transmission. Proc. 
Am. Soc. Test. Mat., Year Book 1910. 

Overhead wire crossings in Illinois. New laws governed by the Illi- 
nois railroad commission. Elec. World, Vol. 62, p. 39. 

Telephone aerial lines. Electric World, April 25, 1903. 

Specifications for furnishing and erecting telephone poles and appur- 
tenances at various localities along line of Catskill aqueduct. "Con- 
tract No. 83" of the Board of W. W. of the city of New York. 
(Pamphlet.) 

Specifications for steel cross-arm pins. (Brought before the Railway 
Signal Ass'n State Meeting March, 1912. These are practically the 
specifications of the Western Union Co.) Proc. of Ry. Sig. Ass'n, 
Vol. 9, p. A7-A13. 

Specifications for Overhead Wires, adopted by the City of Seattle, 
Wash., by H. L. Estep. Eng. News, Vol. 67, p. 523. 

Wiring. Of an office building, specifications for. Building of modern 
type, say twenty stories high. Wired for lights, telephone, electric 



Bibliography of Specifications 533 

Transmission Lines — Continued. 

clock connection, messenger calls and other service. Eng. Rec, Vol.- 
32, Sept. 7, 1895, pp. 261, 262. 

Electrical distribution circuits for light and power, Austin, Texas. 
Johnson, p. 259. 

Specifications for overhead crossings of electric light and power lines. 
(Recommended by committee of Nat. Elec. Light Ass'n in 1913.) 
Reference: Papers, reports and discussions of the 36th annual con- 
vention of the Nat. Elec. Light Ass'n Technical Sessions, pp. 560- 
580. Note: Creation of national joint committee on overhead line 
construction recommended. 

Specifications for High Tension Line Construction for the Oneida Rail- 
way Co., New York State, "Hydro Electric Developments and Engi- 
neering," by Koester, pp. 243-245. 

Also see "Wire." 
Tunnels — 

Tunnels. Henry S. Drinker. Haupt, p. 161. 

See also "Railways; and "Excavation." 

Turbine Water Wheels — 

Turbine water wheels. Water power system of Austin, Texas, John- 
son, p. 252. 

Turpentine^ 

Tentative specifications for turpentine. Proc. Am. Soc. Test. Mat., 

Vol. 13, 1913, p. 365. 
Proposed specification for turpentine. Proc. Am. Soc. Test. Mat., Vol. 

14, 1914, p. 342. 

Valves — 

Standard specifications for water works hydrants and valves (Am. W. 

Wks. Ass'n). Eng. News 1913-11-265. 
Stop valves. St. Louis water department. Johnson, p. 200. 
See also "Hydrants." 

Viaduct — 

Kingshighway — Reinforced Concrete, St. Louis, Mo., by Mont. Schuy- 
ler. Eng. News, 1912-1-12 28. 
See also "Bridge." 

Water Meters — 

Specifications of Baltimore, Md. Eng. News, 1902-11-356. 
Specifications governing purchase of water meters of the disc type. 

San Diego, Cal. (materials and details). Eng. Cont., Sept. 23 1914, 

p. 291. 
General specifications under which 3,'' 4" and 6" meters of velocity 

and disc types are purchased by St. Louis Water Dept. Eng. Cont., 

Feb. 25, 1914, p. 243. 

Water Proofing — 

Specifications for water proofing engineering structures with bitumin- 
ous membranes. Paper before W. S. E., by W. H. Finley. Eng. 
Cent., July 10, 1912, p. 39. 



534 Appendix D 

Water Proofing — Continued. 

Specifications for water proofing, Penn. R. R. Terminal, New York. 

Trans. A. S. C. E., Vol. 69, p. 211 (1910). 
Water proofing of masonry and bridge floors. Condensed report of 
committee to Am. Ry. Eng. Ass'n. Eng. Cont., Mar. 2 5, 1914, 
p. 350. 

Water Purification Plant — 

Specifications for plant and material to sterilize Buffalo water supply 
by hypochlorite of lime or liquid chlorine (reprint of city specifica- 
tions). Eng. Cont., Mar. 11, 1914, p. 297. 

Water Works — see "Pumping Machinery;" "Steam Plant;" "Cast Iron 
Pipe;" "Hydrants;" "Valves." 

Wells — 

Specifications for driving 12" wells in water bearing sands at San 
Diego, Cal. Abstracted from specifications by Maj. Herding. Eng. 
Cont., June 3, 1914, p. 639. 

Pump well. Method of sinking well. Johnson, p. 249. 

Wire — 

Wire for Electric Transmission Lines, by F. A. C. Perrine and F. G. 
Baum. Eng. News, 1900-11-215. 

Specifications for Telephone and Other Low Tension Wires Crossing Rail- 
way Tracks in Use by Bell Telephone Co. of Canada, by E. E. Par- 
sons. Eng. News, 1906-11-4 9 6. 

Specification for hard drawn copper, desirability of standard. Eng. 
News, 1908-11-32; 1909-n-56. 

Hard drawn copper, notes on, annual meeting Am. Soc. Test. Mat. 
Eng. News, 1911-11-34. 

Specification for overhead wires, Seattle (pole lines). Eng, News. 
1912-1-523. 

Standard specifications for hard drawn copper wire. Proc. Am. Soc. 
Test. Mat., Vol. 9, 1909, p. 311. 

Specifications for aluminum wire. Am. Soc. Test. Mat., Year Book 
1910. 

Line wire. Recommended specifications for thirty per cent conductiv- 
ity hard-drawn copper-clad steel line wire. (Discussed at 1912 
meeting of Ry. S. Ass'n and committee asked to revise somewhat.) 
Proc. of Ry. Signal Ass'n. Vol. 9, pp. 79, 80. 

Signal wire. Specifications for rubber insulated signal wire for cur- 
rent of 660 volts or less, (Adopted by Railway Signal Ass'n in 
1911.) Proc. Am. I. E. E., Sept., 1911, Vol. 30, No. 9, pp. 2039- 
2042. Proc. of Ry. Signal Ass'n, Vol. 8. 

Bonding wires. Recommended specification for copper-clad steel 
bonding wires. (Report of committee discussed; specifications not 
adopted at the 1912 meeting of the Ry. Signal Ass'n,) Proc. of the 
Ry. Signal Ass'n, Vol. 9, pp. 81, 8 2. 

See also "Transmission Line." 



Bibliography of Specifications 535 

Wiring — see "Transmission Line." 

Wood Preservatives — see "Oil;" "Timber Treatment." 

Zinc — 

Zinc. Abstract of Pennsylvania R. R. specifications for materials. In 
practical use for several years. Reprint recommended by Soc. of 
Automobile Engineers standard committee, 1911.) Reference: 
Trans, of the Soc. of Automobile Engineers, Vol. 6, pp. 400-445. 

Standard specifications for spelter. Adopted 1911. Proc. Am. Soc. 
Test. Mat., Vol. 11, 1911, p. 146. 

See also "Galvanizing." 



INDEX 



Abandoment, 

contract, 263. 

contract clause, 263. 
Ability, 

and success, 17. 

personal, 49. 

promotion, 29. 
Abbreviations in Letters, 99. 
Acceptance, 

identical with offer, 152. 

mode of, 153. 

time of, 152. 

work, 249. 
Acquaintance, 

securing position, 46. 
Address, 

contractors, 260. 
Address of letters, 99. 
Advancement, 

fitness for, 50. 
Advertising Contract, 204. 
Advertising, 

position, 46. 
Advertisement, 

analysis, 208. 

example, 212. 

fairness in publishing, 205. 

medium for, 204. 

nature of, 204. 

outline, 206. 

publishing, 205. 

purpose, 204. 

time allowed, 207. 

use of, 226. 
Agent, 

authority of, 130. 

contractors', 260. 

engineer as, 130. 
Agreement (see Contract), 

articles of, 229. 

bond, 234. 

clauses, general, 229. 

contracts, 224. 

discharge of contract, 163. 

exhibits, 231. 

form of, 227. 



Agreement — Con. 

legal requirements, 230. 

liquidated damages, 233. 

mutuality, 235. 

necessity of written, 222. 

outline, 229. 

parties to, 230, 231. 

paym^ent, 233. 

preparation of, 11. 

signature, 234. 

systematic methods of, 227. 

time of completion, 232. 

written executory contract, 226. 
Alteration of written instrument, 164. 
Altoona Laboratories, 302, 308, 316. 
Aluminum, 

investigation of, 322. 

outline specifications, 324. 
Aluminum, Wire, 

specifications, 325. 
Ambiguous specifications, 285. 
American Bankers' Association, 34. 
American Institute of Architects, 58. 

arbitration, 201. 

bidding statistics, 177. 

canons of ethics, 67. 

professional practice, 58. 
American Institute of Consulting En- 
gineers, 

code of ethics, 68. 
American Institute of Electrical En- 
gineers, 

code of ethics, 69. 
American Public Works Association, 

192. 
American Society of Civil Engineers, 

code of ethics, 73. 

standard specifications, 304. 
American Society of Engineering Con- 
tractors, 190. 
American Society of Mechanical En- 
gineers, 

code of ethics, 73. 
American Society Testing Materials, 

specifications, 320. 

work of, 308. 



538 



Index 



Analysis of advertisement, 206. 
Analysis, Specifications, 296. 
Analysis, outline for writing, 87. 
Analysis, personal, 22. 
Analysis, decision of court, 116. 
Appearance, personal, 27. 
Appendix, in report. 111. 
Application, letters, 45. 
Appraisal, 39. 

bias inj 33. 

public utilities, 141. 
Aqueduct Commission, New York, 

progress clause, 268. 
Arrangement, 

logical in writing, 83. 
Arbiter, Engineer as, 3, 6, 130, 198. 
Arbitrary Specifications, 286. 
Arbitration, 

court review, 199. 

legality, 156. 

progress of, 201. 

right to, 251. 
Architect, absurd provision, 283. 
Architectural Specifications (see Spe- 
cifications Engineering Work). 
Assignment, contract, 262. 
Assignment and Subletting. 

contract clause, 262, 288. 
Assignments for students, 

earth and rock work, 352. 

fundamental processes, 354. 

machinery specifications, 367. 

specifications for engineering 
work, 400. 

specifications for materials, 325. 
Association, bias of, 33. 
Authority, 

of agent, 130. 

of engineer, 243. 

Backfilling, 347. 
Bias, 

association, 33. 

attorney, 134. 

engineer, 198. 

engineer in contract, 244. 

engineer in litigation, 133. 

judgment, 55. 

judges, 139. 

legal adviser, 134. 



Bias — Con. 

local experience, 31. 

personal, 30. 

personal experience, 31. 

personal interest, 32. 

prejudice and judgment, 219. 

recognition of, 33. 

special knowledge, 30. 

technical witness, 137, 138, 140. 
Bibliography of specifications, 485. 
Bids, indefinite specifications, 285. 
Bidders, 

instructions to, 211. 

low, securing, 189. 

opening, 207. 

receiving and opening, 218. 
Bids, competitive, 

desirability, 187. 

dishonesty, 187. 

injustice, 188. 

low, securing, 189. 

plans for, 189. 

plans for, 189. 

restricted lettings, .188. 

waste in, 177. 
Public work, 

security with, 185. 

Bilateral contract, 146. 
Blackstone, 117, 145. 
Bock, C. A., 102. 
Boiler, 

general requirements, 361. 

outline specifications, 369. 

specifications, 380. 
Bond, 

agreement, 234. 

contract, 229. 

contract clause, 256. 

form of, 257. 

investment, 36. 
Borrow pits, 243. 
Bracing trench, 348. 
Breach of contract, 

rem.edies, 165. 

Bridge, 

specification outline, 409. 
Bridge, substructure, 

specification outline, 408. 



Index 



539 



Building, 

outline specifications, 402. 
Business, 

attention to, 27. 

engineer in, 57. 

finance and engineering, 38. 

transaction, contract, 145, 222. 
Business letters, 99. 
Businessmen, construction by, 176. 

Canal excavation, 350. 
Capabilities, personal, 9, 21. 
Casualties, construction, 170. 
Catskill aqueduct, 

specifications, 309. 
Certified check, 185. 
Character, development, 16. 
Character of workmen, 271. 
Characteristics, analysis of, 22. 
Chicago Architects' Business Associ- 
ation, 

arbitration, 201. 
Chicago Drainage Canal, 

specifications, 333. 
Choice of words, 90. 
Circuit court, 116. 
Citizen, engineer as, 57. 
Civil law, 114, 122. 
Civilization, origin, 112. 
Claims, 

contract clause, 262. 

protection against, 262. 
Clark, Wm. L., 164. 
Classification, 

excavation, 336, 339. 

positive law, 123. 
Clauses, Contract (See Contract 

Clauses). 
Clearing and grubbing, 346. 
Client, 

duties toward, 55. 

interest in report, 107. 
Code of Ethics, 67. 
Collaboration, 29. 
Collusion, 

occurrence of, 207. 
Combination, 

contractors, 187. 
Combinations, illegal, 171. 
Commercial engineer, 4. 



Commercial positions, 53. 
Commission, Public Utility, 141. 

politics, 142. 

technical advice, 142. 

value of, 142. 
Common law, 114. 

origin, etc., 121. 
Competition, advantages, 187. 

apparent, 188. 

injustice, 188. 

justice in, 188. 

suppressing, 157. 
Competency, parties to contract, 149. 
Completion, 

contract, tine and order, 235. 
Concentration, 28. 
Conditions, 

general of contract, 236. 
Condu.ct of work, 

contract clause, 270. 
Consideration, valuable, 

constitution of, 155. 

definition, 155. 

necessity for, 149. 

negotiable instrument, 153. 

sealed instrunent, 156. 

suflficiency, 156. 

Constitution of states, 118. 
Constitution of United States, 118. 
Construction, 

casualties, 170. 

contingencies, 170. 
Construction, plant, 

contract clause, 273. 
Construction, Contract Literature, 

182. 
Construction, Contract, New England, 

174. 
Construction, 

day labor and contract, 167. 
Construction, Day Labor Literature, 

182. 
Construction, 

equipment, 170. 

force account 172, 173, 174, 176. 

graft, 172. 

illegal combinations, 171. 

labor, 171. 

legal combinations, 172. 



540 



Index 



Construction — Con. 

local conditions, effect, 169. 

low bidding, 178. 

material, 171. 

plans for, 169. 

politics, 172. 

responsibility in, 175. 

specifications, 170. 

supervision, 171. 

transportation, 170. 

uncertainties in, 167, 168. 

waste in bidding, 177. 
Consultation, 56. 

technical witness, 136. 
Contingencies, 

estimated costs, 397. 
Contingencies in Construction, 170. 
Contract, 

acceptance of letter, 224. 

access, 239. 

advertisement, outline, 706. 

advertisement, unfairness, 206. 
see Advertisement. 

advertising and letting, 204. 

agreement, discharge by, 163. 

agreement for, 227. 
see Agreement. 

alteration, discharge by, 164. 

approval preliminary, 249. 

arbitration, 251. 

arbitration clauses, 201. 

arbitration, dispute, 199. 

arbitration, legality, 154. 

authority of engineer, 243. 

avoidable, 153, 154. 

bankruptcy, discharge by, 164. 

bids, receiving and opening, 219. 

bilateral, 146. 

bond, 229, 234. 

bond and sureties, 256. 

breach, remedies, 165. 

business deal, 145. 

changes in work, 240. 

classification, 145. 

clauses, 259, (see Contract 
Clause). 

clearness in, 83. 

collateral work, 239. 

competency of parties, 149. 



Contract — Con. 

compounding crime, 157. 
construction work literature, 202. 
corporations, 151. 
defining and explaining, 248. 
definition, 145. 
discharge of, 159. 
discharge by performance, 160. 
discrepancies, 241. 
drawings, 228. 
drunken persons, 151. 
duress, 154. 
elements of, 145. 
employment, 126. 
encouraging litigation, 157. 
essentials, 149. 
executed, 146. 
executory, 145. 
exhibits with, 231. 
express, 146, 22. 

first party to furnish n:aterial, 
243. 

fixed price, 175. 

hazards, 174. 

force account, 176. 

formal, 224. 

form of agreement, 227. 

fraud, 153, 157. 

general conditions, 236. 

gift not consideration, 156. 

good faith in, 198. 

guarantee bond, 253. 

illegal provision, 283. 

imperfect work, retention, 256. 

implied or inferred, 146. 

influences in letting, 219. 

injustice in, 196. 

inspection and supervision, 238. 

inspectors, 245. 

instructions, details of, 212. 

instructions to bidders, 211. 

interpretation, 159. 

invention, 157. 

joint, 147. 

joint and several, 147. 

jurisdiction of court, 156. 

justice and equity, 199. 

law, discharge by, 164. 

laws of, 12, 119, 121. 



Index 



541 



Contract — Con. 

legal document, 145. 

legal guardianship, 151. 

letter as, 223. 

letting, formalities, 207. 

letting work, 219. 

liquidated damages, 159. 

lines and grades, 247. 

literature, 166, 275. 

lump sum, 175. 

methods and equipment, 249. 

minor, 149. 

misrepresentation, 153. 

mode of acceptance, 153. 

mutuality, 149, 243. 

mutuality, importance, 234. 

necessaries for n inor, 149. 

necessity of written, 222. 

negotiable instrument, 156. 

offer and acceptance, 152. 

oral, 148. 

ordnary transaction, 222. 

outline, 236. 

parol, 148. 

parties to, 149. 

payments, 233, 252. 

penalties, 159. 

performance, 160. 

performance, impossibility, 160. 

performance, substantial, 162. 

personal skill, 231. 

power of engineer, 130. 

proposal, form of 208. 

public health injury, 158. 

quasi, 146. 

requirements for valid, 225. 

reservoir, 416. 

retained payment, 256. 

revokation of offer, 153. 

sample, 416. 

sealed instrument, 156. 

several, 147. 

signature, 234. 

specialty, 148. 

statute of frauds, 149, 158. 

statute of limitations, 165. 

subject matter, lawful, 156. 

substantial performance, 162. 

sufficiency of consideration, 156. 



Contract — Con. 

supervision of work, 245. 

supplementary, 241. 

suppressing competition, 157. 

tender of performance, 160. 

time of acceptance, 152. 

unenforceable, 148. 

undue influence, 154. 

unilateral, 146. 

unsound mind, 151. 

usurious interest, 158. 

valid, 148. 

valuable consideration, 149, 155. 

void, 148. 

voidable, 150. 

void clause, 235. 

written, 148, 158. 

written executory, 225. 

Contract, Advertisement (see Adver- 
tisement). 

Literature, 220. 
Contract, Agreement(see agreement). 
Contract Clause, 

abandoment and forfeiture, 263. 

advertisement, 212. 

agreement, 229. 

arbitration, 251. 

assignment, 288. 

assignment and subletting, 262. 

bond, 256. 

change in work, 240. 

character of workmen, 271. 

construction plant, 273. 

contractors' buildings, 274. 

defects in work, 273. 

definitions, 238, 248. 

discrepancies, 242. 

discontinuing work, 265. 

emergencies, 249. 

estimate, 214. 

estimates and payment, 252. 

extra work, 240, 255. 

forfeiture, 265. 

form of proposal, 209. 

hindrance and delay, 272. 

inspectors, 246. 

inspectors and assistants, 245. 

instructions to bidders, 212. 

interested persons, 259. 



542 



Index 



Contract Clause — Con. 

intoxicants, 274. 

keeping plans accessible, 270. 

liquidated damages, 265, 269. 

lines and grades, 247. 

losses and damages, 271. 

material furnished by first party, 
243. 

miscellaneous requirements, 217. 

modify methods and equipment, 

250. 

payments, delayed, 252. 

plans and specifications, 218. 

preliminary approval, 249. 

price for work, 255. 

progress rate, 265. 

protection for work, 271. 

qualification of bidders, 218. 

quantities and measurement, 247. 

recommended in England, 199. 

rejection of bids, 215. 

reservations, 214. 

retaining imperfect work, 250. 

right of access, 239. 

sanitation, 274. 

security with bid, 215. 

security with contract, 217. 

stating prices, 214. 

supervision, 239, 145. 

sureties, 256. 

time and order completion, 265. 
Contract, construction, 167, 184. 

competitive bids, 187. 

fixed sum, 168. 

injustice in letting, 188. 

low bids, 189. 

negotiations, 187. 

New England, 174. 

uncertainties in, 167. 
Contract, Cost Plus, 178, 180. 

objections to, 179, 180. 

premium, 181. 
Contract, discharge. 

agreement, 163. 

alteration, 164. 

bankruptcy, 164. 

breach of contract, 164. 

impossibility of performance, 
161. 



Contract discharge — Con. 
operation of law, 164. 
performance, 160." 
release, 163. 

statute of limitation, 165. 
substantial performance, 162. 
tender of performance, IGO. 

Jontract, private work, 184. 
restricted lettings, 188. 
requirements for, 186. 

Contract, public work, 184. 

advertisement, 204. 

American Public Works Associa- 
tion, 192. 

American Society Engineering 
Contractors, 190. 

departure from, 185. 

desirable requirements, 190. 

extra work, 185. 

formalities, 207. 

invalid, 186. 

literature, 202. 

preparation of, 186. 

Richard Morey, 189. 

risk, 186. 

security with, 185. 

valid contract, 184. 
Contractors, 

abilities of, 197. 

address, 260. 

agent of, 260. 

bias in relations, 33. 

employment by, 174. 
Contractor, Engineer as, 4. 
Contractor, 

engineers' importance, 169. 

estim.ates of cost, 399. 

expense of bidding, 177. 

honesty of, 196. 

injustice to, 196. 

interst in work, 167. 

personal attention, 230. 

point of view, 197. 

reputation, 175. 

responsibility, 259, 286, C02, 312. 

rights of, 196. 

servant, 287. 

treatment of, 131. 



Index 



543 



Contractor — Con. 

unfairness, 198. 

unfair treatment, 33. 
Contractor's Buildings, 

contract clause, 274. 
Copying specifications, 298. 
Corporations, 

competency of contract, 151. 

law, 119. 

opportunities, 52. 
Correct specifications, 

basis, 313. 
Cost, 

construction, 167. 

effect of short time in bidding, 
208. 

effect of specifications, 301, 303, 
389. 

effect of unfair specifications, 
285, 287, 289. 

estimates for engineering work, 
297. 

factors of, 398. 

published data, 398. 
Cost-plus, contract, 178, 180. 
Cost, 

uncertainties, 168. 

appeal from decision, 116. 
Court, 

bias of, 139. 
Court, Circuit, 116. 
Court, common law, 116. 

decisions effect on law, 115. 

enforcement of law, 124. 

engineer in, 5, 131. 

exclusion of, 244. 

interpretation of words, 93. 

jurisdiction in contract, 156. 
Court of Appeals, 117. 
Court of Equity, 118. 
Courts, presenting case, 133. 

regard for precedent, 116. 

review of decision, 199. 

Roman, early, 136. 
Court, Supreire, 117. 
Court, United States Circuit, 117. 
Crime, compounding, 157. 
Criminal law, 122. 
Criticism in reports, 107. 



Criticism, specifications for, 290. 
Customs, effect on law, 114. 

Damages, contract clause, 261. 

protection against, 261. 

responsibility, 271. 
Damages, liquidated, 159, 265. 

agreement, 233. 

contract clause, 269. 

validity, 269. 
Data, use in reports, 110. 
Day labor, construction, 167. 

advantages, 168. 

literature, 182. 
Day's work, defined, 266. 
Decision, court, 

appeal from, 116. 
Decision, judicial, 

bias in, 139. 

influence of, 116. 

common law development, 115. 
Defective work, 250. 
Defects and remedies, 

contracts clause, 273. 
Definite specifications, 302. 
Definitions, 

contracts, interpretations, 238. 
Definitions of law, 119. 
Delay, contract clause, 272. 
Design, basis of, 393. 

false economy, 395. 

investigation for, 394. 

ownership, 131. 

specifications for, 10, 445. 
Detailed specifications, 300. 
Development of product, 305. 
Development of specifications, 305. 
Diagrams, graphical, 

use in reports, 110. 
Discharge of contract, 159. 
Discharge of employe, 127. 
Discontinuing work, 265. 
Discrepancies, in plans, 241. 
Disposition, personal, 29. 
Disputes, 

arbitration, 199. 

contract clauses for, 199. 
Divine law, 113, 119. 
Drawings, 

basis of specifications, 299, 445. 



544 



Index 



Drunken person, 

competency to contract, 151. 
Drawings, 

contract, 228. 
Dredge work, 346. 
Dudley, Dr. C. B., 

conclusions, 320. 
Duress, 154. 
Duty, 

of engineer, 3, 54. 

professional practice, 58. 

to clients, 55. 

to profession, 56. 

to society, 57. 

to subordinates, 54. 

Earthwork, 

specifications, 330. 
Ecclesiastical law, defined, 120. 
Economics, 

expediency, 39. 

management, 39. 

selection, 39. 

worth, 39. 
Economy, 

habits, 35. 
Eddy, H. P., 174. 
Education and success, 17. 
Education, broad, 8. 
Education, Engineering, 6. 
Education, Engineering school, 8. 
Education, 

importance, "43. 

judgment and, 9. 

limitations of, 8. 

literature, 14. 

object of, 43. 

opportunities, 44. 

specialization, 7. 

technical men, 88. 
Electric Generator, 

requirements for, 366. 

Embankment consolidation, 347. 
Emergencies, 

contract for, 249. 
Employment, 

acceptance, 48. 

advantages of different, 52. 

as a contract, 126. 



Employment — Con. 

classes of, 51. 

contractor, 174. 

letters of applications, 120, 103. 

selection, 49. 

termination, 126, 127. 

v/arranty of acceptance, 127. 
Employment, professional, 127. 

liability in, 127. 

warranty of acceptance, 127. 
Engine, 

general requirements, 363. 

specifications, 382. 
Engineer, advancement of, 2, 
Engineer, 

agent, 130. 

agent of owner, 244. 

Engineer and legislation, 5. 
Engineer, 

arbiter, 6, 130, 198, 244. 

arbitrary management, 286. 

attorney, collaboration with, 134. 

authority, 130, 243. 

authority in emergencies, 249. 

authority to interpret, 248. 

authority to modify, 249. 

authority to retain imperfect 
work, 250. 

bias in litigation, 133. 

business, 57. 

citizen, 57. 

classes of employment, 51. 

classification of excavation, 341. 

consultation in litigation, 132. 

contractors uncertainty, 169. 

decision of, 199. 

decision and arbitration, 251. 

decision arbitrary, 286. 

defining terms, 248. 

disinterestedness, 198. 

duty of, 3. 

duty, professional, 56, 142. 

duty to subordinates, 54. 

effect on cost of work, 168. 

estimates of cost, 396. 

estimator, 178. 

expert judge, 244. 

expert witness, 5. 



Index 



545 



Engineer — Con. 

explaining plans, 248. 

first position, 47. 

function of, 1. 

ideal of young, 27. 

in con^mercial life, 4. 

inspector, 245. 

installation, 5. 

interest in report, 107. 

job, 44. 

judgment, 9, 199, 280. 

knowledge of law, 11. 

knowledge of men, 9. 

knowledge, special, 7. 

knowledge requirements, 7. 

legal knowledge, 12. 

legal proceedings, 131. 

legality in public contract, 186. 

letters of application, 100, 

lines and grades by, 147. 

loyalty, 55. 

opportunities of, 40. 

ownership of plans, 131. 

owner's uncertainty, 169. 

private practice, 53. 

promotion, 44. 

professional duty, 142. 

professional improvement, 39. 

public utility commission, 142. 

qualifications as witness, 137. 

reports by, 5. 

requirements of, 81. 

responsibility, 175. 

reviewing reports, 6. 

"Satisfaction of", 307. 

selection, 168. 

services, liability in, 129. 

supervision of work, 245. 

unfairness, 198. 

work of, 3, 43. 

work of — literature, 61. 
Engineering, 

business and finance, 38. 

education, 6, 43. 

failures, 110. 

field of, 1. 

language, 82. 
Engineering news, 

definite specifications, 284. 



Engineering positions, 2, 44; (See 
"Position"). 

precise use of words, 
relations, 2. 
schools, 8. 

success, 16. 

success of projects, 109. 

societies, 
work of 46. 
Engineering, 

vernacular, 96. 
Engineering works, 

parties connected, 197. 
Engineering work specifications. (See 
specifications, Engineering Work.) 
English, 

agreements, 11. 

knowledge of, 10. 

specifications, 278. 

use of, 81. 

value of, 81. 
Equipment construction, 170. 
Equity Courts, 118. 
Estimates, 

importance, 396. 

Estim.ates and payments, 252. 
Estimator, 178. ' 

Ethics, 64. '. 

code of, 67. 

development, 64. 

ignorance of, 65. 

individual principles, 65. 

literature, 14, 80. 

observance, 197. 

question in, 74. 

receiving bids, 189. 

reports, 107. 

social conditions, 64. 

technical witness, 136. 
Ethical relations, 12, 63. 

Evidence, expert, 

changes desirable, 139, 141. 

value of, 138. 
Examination, 

danger of cursory, 108. 

Example of investigation, 322. 
Executed contract, 146. 
Executory contract, 145. 



546 



Index 



Expediency, 

economic, 39. 

Expense, 

bidding for work, 178. 

Experience, 

and success, 17. 

bias of, 31, 137. 

opportunity, 50. 

private practice, 54. 
Expert, necessity of, 131. 

testimony (see evidence, expert). 

witness, engineer as, 5. 

witness (see Witness, technical). 
Express contract, 146. 
Extra work, 185, 391. 

calculation of, 254. 

definition, 253. 

literature, 277. 

provision for, 240. 

unfair provision, 283. 

Excavation, specifications, 330. 
assignment on, 352. 
beginning work, 346. 
blasting, etc., 350. 
borings and sounding, 338. 
borrow pits, 346. 
bridge abutment, 338. 
channel or ditch, 332. 
Chicago Drainage Canal, 333. 
classification, 336, 339. 
classification by engineer, 341. 
specifications, 

completion and maintenance, 352. 
description, 332. 
dimensions, 334. 
disposal of material, 351. 
division of contract, 335. 
embankment, 334, 343. 
extra excavation, 336, 345. 
general description, 332. 
grade, 335. 
location, 332. 
materials, 335. 
overhaul, 351. 
protecting work, 348. 
quantity and measurement, 336, 

343. 
railroad grading, 333. 



Excavation, specifications — Con. 
refilling, 343. 
rolling and tamping, 347. 
shrinkage, 336, 344. 
street grading, 333. 
substructure, 333. 
trench, 332. 
tunnel, 395. 
wells, 338. 

Factors of success, 18. 

Family and success, 16. 

Failures, engineering projects, 159. 

materials, 316. 
Filling embankment, 350. 
Finance, business and engineering, 

38. 
Financial success, 34. 
Fixed sum, contract, 168. 
Force account construction, 172. 

advantages, 173. 

New England, 174. 
Foreign service, 53. 
Forfeiture, contract, 263, 265. 
Formalities in contract, 207. 
Formulas, limitations, 9. 
Fraud, 

arbiter, 130. 

contract promoting, 157. 

defined, 153. 

elements of, 154. 

private practice, 54. 

reporting discovery, 108. 

statute of, 149, 158. 
Friends, and success, 16. 
Functions of engineer, 1. 
Fundamental processes, 330. 

Generalities in specifications, 307. 
Gift, 

definition, 156. 
Gillette, classification of excavation, 

336. 
Golden Rule, witness, 143. 
Governmental service, 53. 
Grading, (See Excavation). 
Graduate, capabilities, 8. 
Graduates, value of, 44. 
Graft, construction work, 172. 
Guarantee bond, 256. 



Index 



547 



Guarantee, literature, 276. 
responsibility in, 302. 
value of, 316. 
Guardianship, competency to contract, 
151. 

Handwriting, importance, 100. 
Heading of letters, 99. 
Health, and success, 17. 
Health, contract to injure, 158. 
Hearer of Reader, capacity, 82. 
Hindrance, contract clause, 272. 
Honesty, basis of success, 65. 

business relations, 198. 

contractor, 196. 

indefinite specifications, 207, 282. 

inspection of work, 289. 

legal proceedings, 140. 

necessity, 56. 

policy of, 13. 
Human law, 113. 
Huston, L. A., 115. 

Ideal, young engineer, 27. 

Ignorance and indefinite specifica- 

cations, 302. 
Ignorance of law, 187. 
Implied contract, 146. 
Importance of man, 47. 
Improvement, opportunities for, 40, 
48. 

professional, 39. 
Income, and success, 16. 
Indefinite specifications, 283. 
Indeterminate specifications, 284. 
Individual principles, 65. 
Inferred contract, 146. 
Influences, position, 46. 
Insane person, competency to con- 
tract, 151. 
Inspection, authority in, 246. 

covered work, 289. 

literature, 276. 

properties, determination, 314, 
315. 

responsibility in, 239. 
Inspector, authority, 246. 

preliminary approval, 249. 

prerogative of, 281. 
Installing engineer, 5. 



Institution of municipal engineers, 

recomm.ended clause, 199. 
Instructions, details of, 212. 
Instructions to bidders, 211. 

example, 213. 
Instructions, for reports, 108. 
Instructional work, opportunities, 53. 
Interest, bias of, 32, 55. 

in work, 47. 

usurious, 158. 
International law, 114. 

defined, 120. 
Interpretation of contract, 159. 
Interpretation of phrases, 238. 
Intoxicants, contract clause, 274. 
Invention, contract for, 157. 
Inventions, ownership, 131. 
Investigation, example of, 322. 

necessity in litigation, 132. 
Investment, 

doubtful securities, 37. 

opportunities, 37. 

principles of, 36. 

risk in, 37. 

Jealousy, 29. 

of subordinates, 54. 
Joint contract, 147. 
Judgment an deducation, 9. 
Judgment, bias in, 32. 

development of, 20. 

Engineer's, 9. 

in success, 20. 

letting work, 219. 
Justice courts, 116. 
Justice, foundation of contract, 199. 
Justinian Code, 114. 

Knowledge, law, 152. 
Knowledge, limits of, 7. 
Knowledge, 

practical, 43. 

requirements for, 44. 

self, 21, 44, 48, 56. 

special, 7. 

subject, 84. 

Knowledge of men, 

importance, 9. 

value in reports, 10. 
Labor, construction, 171. 



548 



Index 



Land, laws relating to, 118. 
Language (see "English"). 
Language (see also "Letters"). 
Language (see "reports"). 
Language, 

brevity, 281. 

choice of words, 90. 

clearness, 279, 280. 

clearness in reports, 109. 

definite, 279. 

engineering English, 82. 

indefinite words, 279. 

importance of, 9. 

knowledge of subject, 84. 

letters and reports, 99. 

literature, 97. 

logical arrangen:ent, 86. 

precise use of words, 92. 

punctuation, 94. 

repetition of words, 279. 

scientific staten.ents, 110. 

simplicity, 89. 

spoken and written compared, 89. 

style, 88. 

synonoymous words, 229. 

technical wTiting, 87. 

use of, 81, 278. 

vernacular, 96. 

vocabulary, 95. 

words, choice of, 90. 

Latin words, 92. 
Law, American, origin of, 115. 
Law and Ethics, 13. 
Laws between men defined, 120. 
Law, changes in, 116. 

Civil, 114, 122. 
basis of, 114. 
origin, etc., 121. 

Criminal, 122. 
Common, 114. 

affecting agreements, 230. 

courts of, 116. 

development, 115. 

objects, 117. 

origin, etc., 121. 

of England, 114. 

rights and wrongs, 117. 

subdivisions, 117. 
Contracts, 118, 121. 



Law, changes in — Con. 
courts of equity, 118. 
customary usage, 115. 
definition, 119. 
development, 113. 
discharge of contract, 164. 
divine, 113. 
Divine, 119. 

defined, 119. 

enforcement, 123. 

Ecclesiastical, 

defined, 120. 
effect of custons, 114. 
employment in general, 128. 
enforcement, 123. 

natural law, 123. 
evolution, 112. 
fundamental, 118. 
human, 113. 
imperfections, 64. 
international, 114. 
International, 

defined, 120. 

enforcement, 124. 
justice and equity, 64. 
Justinian Code, 114. 
knowledge of, 11. 
land, 118. 
limitations of, 63. 
literature, 124. 
moral, 113. 
moral, 

defined, 120. 

enforcement, 124. 

municipal, 114. 
municipal, 

definitions, 120, 121. 

enforcement, 124. 

rights of persons, 122. 

rights of things, 122. 

sources, 120. 

wrongs, public and private, 122. 
natural, 112. 

defined, 120. 

enforcement, 123. 
observance of, 260. 
original object, 63. 
origin, nature and development, 

112. 



Index 



549 



Law, changes in — Con. 
outline of 119. 
personal property, 118. 
political, 121. 
positive, 

classification, 123. 
- defined, 63, 120. 
remedial, 117. 
defined, 120. 
enforcement, 124. 
Roman, 114. 
special, 

development, 118. 
substantive, 117. 

defined, 120. 
unwritten, 114. 
sources, 121. 
written, 114, 118, 120. 
Lawyers, 

knowledge of, 12. 
law of contracts, 12. 
legal assistance, 12. 
Legal, 

requirements of contract, 149. 
engineer in case, 133. 
engineer in proceedings, 132. 
contract subject matter, 156. 
construction complications, 172. 
Legal document, 

contracts, 145. 
Legal guardianship, 

competency to contract, 151. 
Legal and ethical relations, 13. 
Legal relations, 11. 
literature, 143. 
Legal, 

requirements public contract, 186 
Legal rights, 117. 

Legal rights and responsibilities, 126 
Legislation, 

development of law, 115. 
engineer in, 5. 

Letters and reports, 99. 
Letters, 

application, 45, 100. 

business, 99. 

contract by acceptance, 224. 

examples, 103. 

literature. 111. 



Letters — Con. 

properly written, 99. 
recommendation, 45. 
suggestions for writing, 101. 
Letting contracts, 204, 219. 
Liability, 

arbiter, 130. 
professional, 128. 
public official, 131. 
Life insurance, 
in saving, 35. 
value of, 36. 
Limitations, personal, 9. 
Limitation, Statute of, 

discharge of contract, 165. 
Limitations of specifications, 305. 
Lines and grades, 247. 
Liquidated damages, 
clauses, 269. 
agreement, 233. 
Literature, 

bibliography of materials, 328. 
bibliography of specifications, 

485. 
construction contracts, 182. 
contract provisions, 275. 
elements of contracts, 166. 
engineer at work, 61. 
engineering education, 14. 
law, 124. 

legal relations, 143. 
letters and reports. 111. 
letting contract, 220. 
specifications, 292. 
success, 41. 

technical specifications, 304. 
use of English, 97. 
works under contract, 202. 

Litigation, 

consultation in, 132. 

encouraging, 157. 
Local conditions, 

effect on construction, 169. 
Logic, 

in reports, 110. 
Lord Campbell, 138. 
Losses and damages, 

contract clause, 271. 
Losses, responsibility, 271. 



550 



Index 



Low bids, securing, 189. 
Loyalty, engineer, 55. 
Lynn, Massachusetts, 

progress clause, 268. 

Machinery specifications, 

(see Specifications, Machinery.) 
Machine, special, 360. 
Man, 

attributes of, 197. 

importance of, 47. 

primitive, laws of, 113. 

specifications for, 63. 
Management, econon.ic, 39. 
Mann, C. R., 

report by, 18, 19. 
Manufacturers' specifications, 299, 

300. 
Materials, assignments for specifica- 
tions, 325. 

bibliography, 328. 
Material, construction, 171. 
Material, disposal of, 351. 

effect on specifications on, 301. 

failure, 310, 316. 

investigation, 318. 

properties of, 313. 

specifications for fundamental, 
305. 

standards, 317. 

successful use, 317. 

variation in, 308. 
McCullough, Ernest, 246. 
Measurement, 

excavation, 344. 

progress, 266. 

quantities, 247. 
Meek, Judge E. R., 235. 
Men, understanding of, 21. 
Miami Conservancy District, 

abandonment of contract, 263. 

form of bond, 257. 
Minor, competency to contract, 149. 

defined, 149. 
Misrepresentation, 153. 
Modifications, specifications for, 300. 
Monopolies, 

contract to establish, 158. 
Moral law, 113. 

defined, 120. 



Moral relations, 12. 
Morey, Richard, 189. 
Morgan, A. E., 

bond form, 257. 
Morgan Engineering Company, 102. 
Municipal law, 114. 

defined, 120, 121. 

sources, 120. 
Mutuality, importance, 234. 

mutual consent, 152. 

necessity for, 149, 152. 

valid contract, 243. 

Name, specification by, 308. 
Natural law, 112. 

defined, 120. 
Necessaries for minor, 149. 

Negligence, 

protection against, 261. 
Negotiations for construction con- 
tracts, 187. 

Observance of ethics, 197. 
Observance of laws and ordinances, 

260. 
Offer, acceptance identical, 153. 

revokation,, 154. 
Omission in plans, 241. 
Opening bids, 207, 218. 
Opportunities, 

advancement, 40, 52. 

business, 52. 

education, 44. 

employment, 51. 

experience, 50. 

field work, 52. 

foreign service, 53. 

improving, 48. 

instructional work, 53. 

office work, 52. 

recognizing, 49. 
Oral contract, 148. 
Origin of civilization, 112. 
Outline, 

advertisement, 206. 

general conditions of contract, 
236. 

specifications, 295, 319. 

technical writing, 86, 87. 

value for report, 107. 



Index 



551 



Overhaul, 351. 
Overhead expense, 

extra work, 254. 
Owner, 

rights and responsibilities, 238. 
Ownership, 

plans and inventions, 131. 

Paper, technical, 

preparation, 82. 
Parol contract, 148. 
Parties, 

co.i.petency to contract, 149. 

interested in contract, 259. 

Patent inventions, 

contract clause, 262. 
Patents, 

protection against royalties, 262. 
Pavement, replacing, 349. 
Pavement subgrade, 347. 
Payments, agreement, 233. 

delayed, 252. 
Payments and estimates, 252. 
Payment, retained, 256. 
Penalties, 159. 

literature, 277. 
Pennsylvania Railroad, 

Altoona Laboratories, 302. 
Performance, discharge of contract, 
160. 

impossibility of, 160. 

substantial, 162. 

tender of, 160. 
Personal and ethical relations, 63. 
Personal analysis, 22. 

appearance, 27. 

betterment, 48. 

interest, 14. 

relations, 12. 

property, 

laws relating to, 118. 

skill, 

contract for, 231. 

success, 16. 
Personality, 

in success, 26. 

value of, 99. 

Persons, rights of, 117. 

Pipe laying, specification outline, 411. 



Plans, accessible on work, 270. 

complete, effect of, 169. 

ownership, 131. 

specifications for modifications 
of, 300. 

specification preparation, 401. 
Political, court decisions, 139. 
Political law, 121. 
Politics, construction under, 172. 
Potter, A. A., 

personal analysis, 22. 

Position (see also "Employment"). 

acceptance, 48. 

application, 45. 

change, 49, 50. 

classes of employment, 51. 
Positions, engineering, 2, 44. 
Position, first job, 47. 

foreign service, 53. 

government service, 53. 

interest in, 47. 

influence in securing, 46. 

in organization, 53. 

loss of, 51. 

permanence of, 51, 52. 

references for, 46. 

resigning, 48, 53. 

retention of, 51. 

selection, 49. 

Positive law, 

defined, 120. 
Power station, 

outline specifications, 407. 
Practice, private, 53. 
Precedent, effect on law, 116. 

for specifications, 297. 

limitations of, 118. 
Prejudice, factor in judgment, 219. 
Premium, contract, 181. 
Prelini, classifications of excavation, 

336. 
Price and payment, 252. 

Price for work, 255. 
Primitive law, 113. 
Principles, 

fundamental, importance of, 9. 

individual, 65. 

Principles of investments, 36. 



552 



Index 



Private practice, 53. 

ability for, 56. 

conduct, 58. 
Private work, 184. 
Private work contract. 

(see "Contract, private work")- 
Private wrongs, 117. 
Processes, fundamental, 

specifications for, 305, 320. 
Product, development of, 305. 

standardized, 306. 
Profession, 

defined, 14. 

duty toward, 56. 
Professional, employment, 127. 
Professional, practice. 

conduct in, 58. 
Professional, 

agent, 130. 

authority, 130. 

consultation, 132. 

duty of engineer, 143. 

employment, 128. 

expert service, 132. 

expert witness, 136. 

improvement, 39. 

liability, 129. 

ownership of plans, 131. 

Progress, 

Chicago Sanitary District, 267. 
contract clause, 265. 
Lynn, Massachusetts, 268. 
New York Aqueduct Commission, 

268. 
rate, 265. 
specifications for rate, 266. 

Promise, void, 156. 
Promotion, 

factors in, 29. 

fitness for, 50. 

importance of writing, 106. 

opportunities, 44, 52. 

subordinates, 55. 

Properties of faterials, 313. 

Proposal, 

clauses to include, 209. 
examples, 209. 
form of, 208. 



Protection, 

claims, 262. 

negligence and damages, 261. 

royalties, 262. 

work, 271. 

work, contract clause, 271. 
Public official, 

liability of, 131. 
Public Service Corporations, 

opportunities, 52. 
Public utilities, 

appraisal, 141. 
Public work, 184. 
Public work contract (See Contract, 

Public Work). 
Public wrongs, 117. 
Publishing advertisement, 205. 
Published specifications, 297. 
Pumping and draining, 349. 
Pumping engine, outline specifica- 
tions, 376. 
Pumps, general requirements, 364. 
Pump, power, outline specifications, 

372. 
Pump, steam, outline specifications, 

374. 
Punctuality, success, 27. 
Punctuation, 94. 

Qualities, desirable to specify, 301. 
Qualities, effect on specifications, 301. 
Quantities and measurement, 247. 
Quantities, 

measurement excavation, 344. 
Quasi contract, 146. 
Questions in ethics, 74. 
T^ailroad grading, 347. 
Receiving bids, 218. 
Reclarration Service, 

character of workmen, 271. 
Recommendation, letters, 45. 
References, 

in letters, 101. 

position, 46. 
Relaxation, value of, 29. 
Relations, 

ethical and personal, 12. 

legal, 11. 

legal and ethi?al, 13. 

personal, importance of, 9. 



Index 



553 



Eelease, 

discharge of contract, 163. 

Eemedial law, 
defined, 120. 

Remedies, 

breach of contract, 165. 

Repetition of words, 279. 

Reports, 

accuracy of conclusions, ILS. 

basis of 106. 

basis of value, 109. 

classes of, 82. 

client's • interest, 107. 

criticism in, 107. 

data included, 110. 

defined, 106. 

elements of successful, lOD. 

engineering, 5. 

English, importance of, 10. 

estimates, 108. 

ethical consideration, 1C7. 

field of, 11. 

importance of, 105. 

instructions for, 1C6. 

investigations, 108. 

knowledge for preparation, 109. 

literature. 111. 

preliminary, 108. 

preliminary considemt-on, 107. 

preventing fraud, 108. 

purpose of, 106. 

review by engineer, 6. 

scope of, 106. 

technical and ■cgal aspects, 109. 

technical interest in, 107. 

Reputation, 

and success, 16. 

contractor, 175. 

establishment, 49, 

private practice, 54. 

position, 46. 

value of 13, 66. 
Reservoir, 

contract and specifications, 416. 

Responsibility, 

contractor, 259, 302. 

effect of specifications, 302. 

engineer, force account, 175. 



Responsibility — Con. 

losses and damage, 271. 

owner, 238. 
-lesponsibilities, 

tests and guarantees, 302. 
Revokation of offer, 153. 
Rights, contractor, 196. 
liight, equitable, 162. 
Rights, legal, 117, 162. 
Rights, owner, 238. 
Rights, persons, 117, 122. 
Rights, things, 117, 122. 
Risk, 

effect on low bids, 189. 

investment, 37. 
Risk, public work, 186. 
Rockwork, 

specifications, 330. 
Roman law, 114. 
Rome, courts of, 136. 
Roof truss, specifications outline, 409. 
Royalties, protection against, 262. 

Salary, 

and experience, 50. 

consideration, 49. 
Salesman, engineer as, 4. 
Salutation in letters, 120. 
Sanitation, 

contract clause, 274. 
Sanitary district, Chicago. 

progress clause, 267. 
Savings, 

accumulation of, 35. 

advantages, 35. 
Suxon words, 93, 92. 
Securities, 

investment, 37 

value of, 37. 

with bid, 185, 216. 

with contract, 217. 
Selection, 

economics, 39. 
Selections of machinery, 359. 
Self knowledge, 

in success, 21. 
Self respect, 

and success, 16. 
Several contract, 147. 
Severe specifications, 289. 



554 



Index 



Sewers, 

investigation for, 392. 
specification outline, 413. 

Signature, 

to agreement, 234. 
Simple specifications, 299. 
Sheeting trench, 348. 
Shnable, E. R., 

progress specification, 268. 
Shrinkage, 

excavation, 344. 
Social amenities, 

value of, 26, 46. 
Social conditions, 

and ethical standard, 64. 
Social service, 

engineer in, 57. 
Societies, technical, 

work of, in specifications, 319. 
Specialist, 8. 

contractor as, 197. 
Specialization of education, 7. 
Specialty, 

bias of, 35. 
Specialty contract, 148. 
Specialty, 

danger in report, 107. 
Specialty, 

laws affecting, 12. 

Specifications, 

aluminum wire, 325. 

ambiguous, 285. 

analysis for, 296. 

arbitrary, 286. 

''as engineer shall direct", 284. 

basis of correct, 313. 

bibliography of, 485. 

boiler, 380. 

outline, 369. 

brevity, 281. 

bridge substructure, outline, 408. 

building, outline, 402. 

clearness in, S3, 84„ 279, 280. 

competition in bidding, 299, 313, 

318. 
copying, 298. 
definite, 302, 308. 
designs, 10. 
detailed, 300. 



Specifications — Con. 

development of, 305. 

drawings for, 299. 

drawings, 445. 

Dudley's conclusions, 320. 

effect on cost, 285 (see also 

"Cost"), 
effect on responsibility, 302. 
examples for criticism, 290. 
engineering work, 388. 

assignments, 400. 

basis of design, 393. 

designs, 393. 

difficulties in, 390. 

estimates, 396. 

general requirements, 399. 

investigation, 388. 

outline, 400. 

published plans for, 401. 

sample, 416. 

sewers, 392. 

unsatisfactory practice, 389. 

wells, 391. 

excavation (see excavation) 
field of, 11. 
for a man, 6Q. 
function, 280. 
fundamental elements, 305. 
general, for workmanship, 303. 
generalities, 307. 
guarantees, 316. 
importance, 278. 
importance of English, 10. 

Specifications, improper, 
assignment, 288. 
blasting, 287. 
bronze, 310. 
concrete, 279, 282, 286. 
extra work, 253, 283. 
inspection, 289. 
levee, 281. 
masonry, 285. 
pavement, 299. 
paving brick, 290. 
pipe laying, 286. 
road, 282. 
trench, 288. 
vanadium steel, 308. 

indefinite, 282. 



Index 



555 



Specifications — Con. 

.^.v.^wc;i.iiiinate, 284. 
influence on qualities, 301. 
inspection covered work, 289. 
investigation for, 322. 
keeping accessible, 270. 
knowledge required, 294. 
limitations of, 305. 
limitations of qualities, 318. 
literature, 292. 
laying pipe, outline, 411. 
machinery, 357. 

assignments, 367. 

boiler, 380. 

design specifications, 360. 

details, limiting, 359. 

detailed specifications, 359, 

divisions of, 357. 

general, 358, 377. 

general, boilers, 361. 

general requirements, 361. 

outline, 367. 

preparation, 361. 

selection, 359. 

steam engine, 382. 

man, 66. 

manufacturer's, 299, 300. 
materials, 

assignments, 325. 

investigation, 318. 

meaningless, 282. 
measurement methods, 248. 
modification of plans, 300. 
name of product, 318. 
name as, 308. 
necessity of, 11. 
ori<?-inality in, 297. 
outline, 295, 319. 
outline, 

aluminum, 324. 

bridge substructure, 408. 

building, 402. 

laving pipe, 411. 

power pump, 372. 

power station, 407. 

pumping engine, 376. 

sewer, 413. 

stand tower, 410. 

steam boiler, 369. 



Specifications, outline — Con. 

steam engine, 370. 

steam pump, 374. 

structural iron work, 409. 

subjects for, 367. 
power station, outline, 437. 
precise, language, 93. 
preparation, 278. 
processes 330 (see a.sD "excava- 
tion"). 

assignments on 352. 

earth work and rockwork^ c30. 

excavation, general discription, 
332. 

excavation, outline, 331. 
proper, 170. 
published, use of 293. 
pumping engine, outline, 376. 
qualities desirable, 301. 
requirements by, 319. 
requirements, reasonable, 286. 
reservoir, 416. 
results, control of, 314. 
sample, 416. 
scope of, 294. 
severe, 289. 
sewer, outline, 413. 
simple, 299. 
standard, 303. 
standard comparisons, 317. 
standards, use of, 301. 
stand tower, outline, 410. 
steam engine, outline, 370. 
steam pump, outline, 374. 
structural iron work, outline, 409. 
subaqueous work, 288. 
successful use, 317. 
technical, 294. 
literature, 304. 
testing, 314. 

tests and guarantees, 302. 
"to satisfaction of Eno-inecr", 307. 
underground work, 288. 
unfair, 207, 287, 389, 395. 
unsatisfactory, 309. 
useless clauses, 299. 
use of English, 278. 
Spencer, Herbert, 29. 
Standard materials and supplies, 317. 



556 



Index 



Standard product, 306. 
Standard specifications, 303. 
Standards, specifications for, 301. . 
Stand tower, specification outline, 410. 
Steel Manufacturers Association, 

standard specifications, 304. 
Style, technical writing, 88. 
Stocks, investment, 36. 
Structural iron work, specification 

outline, 409. 
Subject, heading in letters, 120. 
Subletting, contract, 262. 
Subot^dinates, duty toward, 54. 
Substantive law, defined, 120. 
Success, 

and personality, 26. 

attention to business, 27. 

basis of, 65. 

bias, association, 33. 

bias, experience, 31. 

bias, interest, 32. 

bias, personal, 30. 

bias, special knowledge, 30. 

coUoboration, 29. 

concentration, 28. 

economics in, 39. 

engineering, 16. 

engineer in his field, 169. 

engineering project, 109. 

factors of, 18. 

^nancial, 34. 

fundamentals of, 9. 

ideals of, 51. 

judgment in, 20. 

literature, 41. 

opinions of profession,. 18. 

personal appearance, 27. 

personal bias, 30. 

price of, 2. 

private practice, 54. 

punctuality, 27. 

oualifications for, 18. 

requirements for, 16, 48. 

social amenities, 26. 

understanding of men, 21. 
Sufficiency of consideration, 156. 
Supervision, construction work, 171 

direction of engineer, 245. 

responsibility in, 239. 



Sureties, contract Ciause, 256. 
Synonymous words, 279. 

Technical education, 6. 

Technical graduates, value of, 44. 

Technical language, 

hearer, 82. 

simplicity, 83. 
Technical Reports (see "Reports"). 
Technical witness (See Witness, Tech- 
nical) . 
Technical writing (see also "Letters," 
"Reports") . 

choice of w^ords, 90. 

knowledge of subject, 84. 

literature, 97, 111. 

logical arrangement, 86. 

object of, 86. 

outline, 87. 

precise use of words, 92. 

punctuation, 94. 

style, 88. 

value of, 83. 

vernacular, 96. 

vocabulary, 95. 
Testing, 

Altoona Laboratory, 316. 

properties, determination, 314, 
315. 
Tests and guarantees,- 302. 
Time, 

advertisement of contract, 207. 

contract completion, 232, 265. 
Transportation, construction work, 

170. 
Trench protection, 348. 
Trench Pumping, 349. 
Tunnel, 349, 350. 

excavation specifications, 395. 

Uncertainties in cost, 168. 
Uncertainties, contract work, 167. 
Uncertainties, construction, 

casualties, 170. 

combinations, 171. 

contingencies, 170. 

engineer, 168. 

equipment, 170. 

graft, 172. 

labor, 171. 



Index 



557 



Uncertainties — Con. 

legal complications, 172. 

local conditions, 109. 

material, 171. 

plans, 169. 

politics, 172. 

specifications, 170. 

supervision, 171. 

transportation, 170. 
Understanding of men, 21. 
Underwriters, standard specifications, 

304. 
Unenforcable contract, 148. 
Undue influence, 154. 
Unfair specifications, (See specifica- 
tions, improper). 
Unjust contracts, 196. 
Unilateral contract, 146. 
United States Circuit court, 117. 
United States Supreme court, 117. 

Valid contract, 148. 
Valuable consideration (See consider- 
ation). 
Valuation, 39. 
Van Alystyne, Thos. J., 66. 
Variation in materials, 308. 
Vernacular, use of, 96. 
Vocabulary, 95. 
Voidable contract, 150. 
Void contract, 148. 

Wait, John C, 96, 162. 
V/asta in bidding, 177. 
Wells, 

excavation, classification, 338. 

investigation for, 391. 
Western Society of Engineers, 

arbitration, 201. 



Will power and success, 17. 
Witness, expert, 135. 
Witness, technical, 135. 

duty of, 142. 

examination of, 135. 

literature, 143. 

qualifications, 137. 

selection, 134, 135, 139. 

value of evidence, 138. 
Words, (See Language). 

choice of, 90. 

indiscriminate use, 93. 

Latin origin, 92. 

precise use, 92. 

Saxon origin, 92. 

variation in meaning, 90. 

vocabulary, 95. 
Work, conduct of, 

contract clause, 270. 
Work, engineer's, 3. 
Work, 

measurement of, 266. 

protection of, 271. 
Workmanship, 

general specifications, 303. 
Workmen, 

character of, 271. 
Worth, 

economic, 39. 
Writing, 

(See "Technical Writing"). 

(See Language). 

professional improvement, 40. 

technical papers, 40. 
Written contract, 148. 
Written law, 120. 
Wrongs, private, 117, 122. 
Wrongs, public, 117, 122. 



! 



